UNITED STATES COURT OF APPEALS For the Fifth Circuit No. 00-50413 consolidated with No. 00-51142 UNITED STATES OF AMERICA Plaintiff-Appellee VERSUS ERNEST CORTINAS, also known as Neto Defendant-Appellant UNITED STATES OF AMERICA Plaintiff-Appellee VERSUS JIM NEWTON BARR Defendant-Appellant Appeal from the United States District Court For the Western District of Texas (W-99-CV-170) December 20, 2002 Before DAVIS, BENAVIDES, DENNIS, Circuit Judges PER CURIAM:* This appeal is controlled by our decision in United States v. Brown, 305 F.3d 304 (5th Cir. 2002). The district court’s denial of Cortinas’s 28 U.S.C. § 2255 application 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 2