United States v. Holtzclaw

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 95-60633 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ROGER FRANKLIN HOLTZCLAW, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Southern District of Mississippi USDC No. 2:95-CV-283PS - - - - - - - - - - August 20, 1996 Before KING, DUHÉ, and DeMOSS, Circuit Judges. PER CURIAM:* Roger Franklin Holtzclaw appeals from the district court’s denial of his motion under 28 U.S.C. § 2255. Holtzclaw's speedy- trial contentions were properly dismissed. See Buckelew v. United States, 575 F.2d 515, 517-18 (5th Cir. 1978) (a matter that has already been determined on direct appeal need not be reconsidered in a § 2255 motion). Holtzclaw's contentions that * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. 95-60633 - 2 - counsel was ineffective at trial and on appeal were also properly dismissed as Holtzclaw made no showing that counsel was deficient or that he was prejudiced by the alleged errors. Strickland v. Washington, 466 U.S. 668, 687 (1984); Lockhart v. Fretwell, 506 U.S. 364, 369 (1993). AFFIRMED.