No. 98-11357
-1-
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-11357
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RONALD JOSEPH PUMA, also known as Ronny Puma,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Northern District of Texas
USDC Nos. 2:97-CV-159
2:89-CR-029-2
- - - - - - - - - -
February 17, 2000
Before EMILIO M. GARZA, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Ronald Joseph Puma, federal prisoner # 19431-077, appeals
from the district court’s judgment denying his request for relief
under 28 U.S.C. § 2255. We have reviewed the record and the
briefs of the parties, and we AFFIRM the district court’s
decision essentially for the reasons set forth in the magistrate
judge’s report and recommendation and in the district court’s
order adopting the recommendation. See United States v. Puma,
No. 2:89-CR-0029(02) (N.D. Tex. Sep. 28, 1998). Puma’s
allegations of ineffective assistance of counsel do not rise to
*
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this opinion should not be published and is not precedent except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. 98-11357
-2-
the standard set out in Strickland v. Washington, 466 U.S. 668,
689-94 (1984). Resolving his allegation of a due process
violation based on a coconspirators’s perjured testimony is
unnecessary because even if he could establish that the testimony
was perjurious, he failed to make any showing that the Government
knew that the testimony was untrue. See Smith v. Black, 904 F.2d
950, 961 (5th Cir. 1990). Finally, Puma’s challenge to the trial
court’s application of U.S.S.G. § 3B1.1 is not cognizable in a
§ 2255 proceeding.
AFFIRMED.