UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 96-50234
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE RICARDO RUIZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
(A-94-CV-653-JN)
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October 22, 1996
Before SMITH, DUHÉ, BARKSDALE, Circuit Judges.
PER CURIAM:*
Jose Ricardo Ruiz, federal prisoner #12399-080, pleaded guilty
to conspiracy to possess with intent to distribute approximately
two kilograms of cocaine and 150 pounds of marijuana; his
conviction and sentence were affirmed on direct appeal. He now
appeals the subsequent denial of his motion to vacate, correct, or
set aside his sentence under 28 U.S.C. § 2255, contending that his
consent to various searches was coerced and that initially he was
*
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that this opinion should not be published and is not precedent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.
denied the right to counsel; that his guilty plea was not knowing
and voluntary; that the Government breached the plea agreement by
failing to file a motion under § 5K1.1 of the United States
Sentencing Guidelines; that his criminal conviction violates the
Double Jeopardy Clause because of a prior civil forfeiture
proceeding; and that his counsel was ineffective. We find no
error. Accordingly, we affirm for essentially the reasons adopted
by the district court. United States v. Ruiz, No. A-94-CV-653-JN
(W.D. Tex. March 20, 1996).
In his reply brief, Ruiz asserts for the first time that the
district court erred in its imposition of excessive supervised
release and this also impacted the waiver of his right to appeal in
his plea argument. We do not consider issues raised for the first
time in a reply brief.
AFFIRMED
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