United States v. McDaniel

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 97-50499 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus WILLARD LEE MCDANIEL, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. EP-94-CA-400-H - - - - - - - - - - February 10, 1998 Before SMITH, EMILIO M. GARZA, and DeMOSS, Circuit Judges. PER CURIAM:* Willard Lee McDaniel appeals the denial of his motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255. McDaniel argues that he received ineffective assistance of trial counsel. McDaniel has failed to show that counsel’s performance was deficient. See Strickland v. Washington, 466 U.S. 668, 684-89 (1984). The district court did not err in denying McDaniel’s § 2255 motion. AFFIRMED. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.