IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-10248
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RICHARD GREY KIRBY,
Defendant-Appellant.
Appeal from the United States District Court
for the Northern District of Texas, Dallas
(3:92-CR-341-P)
February 17, 1997
Before HIGGINBOTHAM, DAVIS, and BARKSDALE, Circuit Judges.
PER CURIAM:*
We affirm the denial of Kirby’s petition filed under 28
U.S.C., Section 2255. We agree with United States v. Hare, 49 F.3d
447 (8th Cir.), cert. denied, 116 S. Ct. 211 (1995).
*
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this opinion should not be published and is not precedent except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.