Case: 14-40577 Document: 00514348580 Page: 1 Date Filed: 02/15/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 14-40577
Fifth Circuit
FILED
February 15, 2018
UNITED STATES OF AMERICA, Lyle W. Cayce
Clerk
Plaintiff - Appellee
v.
PAUL LYNN SCHLIEVE,
Defendant - Appellant
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:07-CV-293
Before REAVLEY, SMITH, and OWEN, Circuit Judges.
PER CURIAM:*
The judgment of the district court is affirmed for the certain reasons set
forth in the magistrate judge’s report of August 24, 2010.
The conviction of Schlieve was affirmed by this court in 2005, and then
he filed a motion under § 2255 to vacate his sentence. The only point still
pursued claims that defense counsel was misled by the prosecutor about
evidence on a video that would have been Brady material and could have been
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 14-40577 Document: 00514348580 Page: 2 Date Filed: 02/15/2018
No. 14-40577
suppressed had not counsel been misled. The record fully obliterates that
claim, because the defense counsel had possession of the video, as did the jury.
No evidence stands to support it.
AFFIRMED.
2