IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-30187
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
THOMAS CIPRANO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 95-CV-3407-LLM
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February 11, 1998
Before SMITH, EMILIO M. GARZA, and DeMOSS, Circuit Judges.
PER CURIAM:*
Thomas Ciprano appeals from the denial of his motion to
vacate, set-aside or correct sentence pursuant to 28 U.S.C.
§ 2255. He argues that he was not properly advised of the fact
that the ultimate right to decide whether or not to testify
belonged to him.
Having reviewed the record and the briefs of the parties, we
find that the district court did not clearly err in finding that
Ciprano had been advised several times of his right to testify on
*
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that this opinion should not be published and is not precedent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.
No. 97-30187
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his own behalf, and that he voluntarily waived that right. See
United States v. Thompson, 122 F.3d 304, 306 (5th Cir. 1997). As
Ciprano’s argument is without arguable merit, the appeal is thus
frivolous and is dismissed pursuant to 5th Cir. R. 42.2.
DISMISSED.