IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-41219
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellant,
versus
ROBERT CHARLES BORKERT,
Defendant-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-94-CV-286
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February 20, 1998
Before JOLLY, BENAVIDES and PARKER, Circuit Judges.
PER CURIAM:*
Robert Charles Borkert, federal inmate #43568-079, appeals
the denial of his 28 U.S.C. § 2255 motion. He argues that trial
counsel rendered ineffective assistance due to a conflict of
interest, stemming from the payment of legal fees by an
unindicted coconspirator, which adversely affected counsel’s
performance, specifically, counsel’s failure to advise Borkert
about the disadvantages and benefits of a plea offer. We have
carefully reviewed the record and the appellate arguments. In
*
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that this opinion should not be published and is not precedent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. 96-41219
-2-
light of the credibility determinations by the court of the
testimony from Borkert and counsel, we conclude that the district
court did not err in concluding that Borkert failed to establish
an actual conflict of interest which adversely affected counsel’s
performance. See United States v. Placente, 81 F.3d 555, 558-59
(5th Cir. 1996).
AFFIRMED.