IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-30369
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MICHAEL J. BATTAGLIA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC Nos. 95-CV-180
& 89-CR-30012-ALL
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January 26, 2000
Before SMITH, BARKSDALE, and PARKER, Circuit Judges.
PER CURIAM:*
Michael J. Battaglia appeals the district court’s denial of
his § 2255 motion. He argues that the district court erred in
determining that his counsel’s conflict of interest did not have
an adverse affect on his defense and in not holding an
evidentiary hearing on this issue. See Perillo v. Johnson, 79
F.3d 441, 449 (5th Cir. 1996). The district court did not so
err. Accordingly, the judgment of the district court is
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that this opinion should not be published and is not precedent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.