United States v. Conine

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 96-40327 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus DAVID MILTON CONINE, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 3:95-CV-28 and 3:92-CR-15 - - - - - - - - - - November 14, 1996 Before GARWOOD, JOLLY, and DENNIS, Circuit Judges: PER CURIAM:* David Milton Conine, # 03997-078, appeals the district court’s denial of his motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255. Having reviewed Conine’s arguments and the record on appeal, we affirm for essentially the same reasons stated by the district court. United States v. Conine, 3:95-CV-28 and 3:92-CR-150 (E.D. Tex, March 20, 1996). Additionally, Conine’s Double Jeopardy claim is meritless under * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 96-40327 - 2 - the intervening decision of United States v. Ursery, 116 S. Ct. 2135 (1996). AFFIRMED.