IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-30339
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MICHAEL VAQUERO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 95-CV-2018 B M2
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April 4, 1997
Before DAVIS, EMILIO M. GARZA and STEWART, Circuit Judges.
PER CURIAM:*
Federal prisoner Michael Vaquero appeals the district
court’s denial of his motion to vacate, set aside, or correct his
sentence pursuant to 28 U.S.C. § 2255. He argues that trial
counsel Scott Iles rendered ineffective assistance at trial by:
1) failing to adequately consult with Vaquero regarding plea
offer; 2) failing to file any pretrial motions; 3) failing to
subpoena codefendant Jesus Blanco to testify for Vaquero;
*
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that this opinion should not be published and is not precedent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. 96-30339
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4) failing to request that the district court sever Vaquero from
his codefendants; 5) failing to object to the Government’s
efforts to introduce evidence of codefendants Herman Mouton’s and
Clarence Taylor’s prior acts under Fed. R. Evid. 404(b) or file a
limiting instruction; and 6) failing to pursue the defense of
“outrageous governmental misconduct.” Our review of the record
reveals no error. Accordingly, we affirm for essentially the
same reasons given by the district court. See United States v.
Vaquero, No. 95-CV-2018 B M2 (M.D. La. March 6, 1996.
Vaquero also argues that the district court should have
granted his request for an evidentiary hearing. As the record is
sufficient for review of Vaquero’s claims, the district court did
not err by refusing to hold an evidentiary hearing. See United
States v. Smith, 915 F.2d 959, 964 (5th Cir. 1990).
To the extent that a certificate of appealability (COA) is
required, we construe Vaquero’s notice of appeal as an
application for COA and DENY the motion.
AFFIRMED.