United States v. Williams

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________ No. 95-40248 Conference Calendar __________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus AUGUSTUS JOSEPH WILLIAMS, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. G-94-CV-615 - - - - - - - - - - December 19, 1995 Before DAVIS, STEWART, and PARKER, Circuit Judges. PER CURIAM:* Williams filed a pro se motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255. Williams did not show that he was incompetent or that the evidence before the district court raised a bona fide doubt about his competency. Enriquez v. Procunier, 752 F.2d 111, 113 (5th Cir. 1984) (§ 2254 case), cert. denied, 471 U.S. 1126 (1985); Flugence v. Butler, 848 F.2d 77, 79 (5th Cir. 1988) (§ 2254 * Local Rule 47.5.1 provides: "The publication of opinions that merely decide particular cases on the basis of well-settled principles of law imposes needless expense on the public and burdens on the legal profession." Pursuant to that Rule, the court has determined that this opinion should not be published. No. 95-40248 -2- case). Williams's self-serving assertion that he had been promised a downward departure from the guidelines in exchange for his guilty plea, is completely at odds with the signed plea agreement and the transcript of rearraignment. Williams has not shown that his counsel's conduct fell below an objective standard of reasonableness, and that he was prejudiced by the deficient performance. Hill v. Lockhart, 474 U.S. 52, 57-58 (1985). AFFIRMED.