UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-50600
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
NASSER ASSED,
Defendant-Appellant.
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Appeal from the United States District Court for the
Western District of Texas
USDC No. W-94-CA-168
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October 1, 1996
Before HIGGINBOTHAM, WIENER, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Nasser Assed, #52420-080, appeals from the district court’s
denial of his motion to vacate, set aside, or correct his
sentence pursuant to 28 U.S.C. § 2255. We have reviewed the
record and the briefs of the parties and find no reversible
error. In denying Assed’s request to have his sentence reduced,
the district court did not err in holding that the 12.75 pounds
*
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opinion should not be published and is not precedent except under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.
of methamphetamine Assed had admitted to producing provided an
offense level equal or higher to the one under which he was
initially sentenced, making any resentencing unnecessary. See
United States v. Townsend, 55 F.3d 168 (5th Cir. 1995). Assed’s
assertion that the district court erroneously based his sentence
on d-methamphetamine is not an issue of constitutional or
jurisdictional magnitude and, thus, may not be raised for the
first time in a § 2255 motion. See United States v. Seyfert, 67
F.3d 544, 546 (5th Cir. 1995). Assed’s ineffective-assistance-
of-counsel claim is without merit because he has failed to show
that his attorney’s performance was deficient. See Strickland v.
Washington, 466 U.S. 668, 687 (1984). The judgment of the
district court is AFFIRMED. Assed’s motion for the appointment
of counsel is DENIED.
AFFIRMED.
2