United States v. Ordonez-Mendoza

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 96-40085 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellant, versus FRANSICO ORDONEZ-MENDOZA, Defendant-Appellee. - - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. CA-95-122 - - - - - - - - - - August 21, 1996 Before KING, DUHÉ, and DeMOSS, Circuit Judges. PER CURIAM:* Fransico Ordonez-Mendoza (Ordonez), #36282-079, appeals the district court’s dismissal of his motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255. Ordonez argues that he was rendered ineffective assistance of counsel because his trial counsel failed to request or petition the sentencing court to enter a Judicial Recommendation Against Deportation * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 96-40085 - 2 - (JRAD) pursuant to 8 U.S.C. § 1251(b).** We have reviewed the record and find no reversible error. We affirm the order denying the § 2255 motion for essentially the reasons given by the district court. United States v. Ordonez-Mendoza, No. L-95-122 (S.D. Tex. Nov. 7, 1995). AFFIRMED. ** The Immigration Act of 1990, Pub. L. 101-649, 104 Stat. 4978, 5050 (1990), repealed 8 U.S.C. § 1251(b) as of November 29, 1990, and therefore, the JRAD is no longer available.