UNITED STATES COURT OF APPEALS
FIFTH CIRCUIT
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No. 96-30863
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JACK HONEYCUTT,
Defendant - Appellant.
Appeals from the United States District Court
for the Eastern District of Louisiana
(93-CV-2752 M)
November 10, 1997
Before EMILIO M. GARZA, STEWART, and DENNIS, Circuit Judges.
PER CURIAM:*
Jack Honeycutt appeals from the district court’s dismissal of
his 28 U.S.C. § 2255 petition to vacate, set aside or correct his
sentence under 18 U.S.C. §§ 922(g)(1) (felon in possession of a
firearm) and 924(e)(1) (armed career criminal). The magistrate
judge correctly determined that Honeycutt failed to make the proper
showing of prejudice required by Strickland v. Washington, 466 U.S.
668, 693, 104 S.Ct. 2052, 2067, 80 L.Ed.2d 674 (1984) (holding that
*
Pursuant to 5TH CIR. R. 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that this opinion should not be published and is not precedent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 5TH CIR. R.
47.5.4.
convicted defendants claiming ineffective assistance of counsel
must demonstrate both deficient performance and prejudice), and by
United States v. Olano, 507 U.S. 725, 737, 113 S.Ct. 1770, 1779,
123 L.Ed.2d 508 (1993) (“presence of alternate jurors during jury
deliberations” does not constitute reversible error “independent of
its prejudicial impact”).
Accordingly, we affirm for substantially the reasons set out
in the Report and Recommendation of the United States Magistrate
Judge, which the district court adopted.
AFFIRMED.