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.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 3:95-CV-28 and 3:92-CR-15
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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that this opinion should not be published and is not precedent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
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the intervening decision of United States v. Ursery, 116 S. Ct.
2135 (1996).
AFFIRMED.