IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 95-50914
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROBERTO BARRIOS-MARQUEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. P-95-CV-27
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September 18, 1996
Before JONES, DeMOSS and PARKER, Circuit Judges.
PER CURIAM:*
Roberto Barrios-Marquez, # 64496-080, appeals the district
court’s denial of his motion to vacate, set aside, or correct his
sentence pursuant to 28 U.S.C. § 2255. Barrios-Marquez argues
that the district court erred because he was denied effective
assistance of counsel and because his fourth amendment rights
were violated. Barrios-Marquez contends that he was entitled to
an evidentiary hearing on his § 2255 motion. We have reviewed
*
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that this opinion should not be published and is not precedent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. 95-50914
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the record and find no reversible error. Accordingly, we affirm
for the reasons stated by the district court. See United States
v. Barrios-Marquez, No. P-95-CA-27 (W.D. Tx. Nov. 29, 1995).
Barrios-Marquez was not entitled to an evidentiary hearing on the
asserted issues. See United States v. Briggs, 939 F.2d 222,
228-29 (5th Cir. 1991), cert. denied, 506 U.S. 1067 (1993). The
judgment of the district court is AFFIRMED.
AFFIRMED.