UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 95-20373
Summary Calendar
_____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JAMES OSCAR COOPER,
Defendant-Appellant.
_________________________________________________________________
Appeal from the United States District Court
for the Southern District of Texas
(H-94-CV-4161)
_________________________________________________________________
January 24, 1996
Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges.
PER CURIAM:*
James Oscar Cooper, pro se, appeals the denial of his motion
for relief under 28 U.S.C. § 2255. He contends that the indictment
was defective for want of a "True Bill", and because it was signed
by an Assistant United States Attorney. He contends further that
he received ineffective assistance of counsel at trial and on
appeal because, inter alia, counsel failed to challenge the
indictment and relied on unauthoritative and inapposite case law.1
*
Pursuant to Local Rule 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this opinion should not be published and is not precedent except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 Local Rule 47.5.4.
1
In the conclusion of his brief, Cooper seems to assert a
double jeopardy claim, contending that, "[t]o the extent that prior
to obtaining the questioned criminal indictment here, if any, the
appellee ordered Cooper's property forfeited in connection with the
We have reviewed Cooper's contentions and the record, and find
no reversible error. The district court's denial of § 2255 relief
is, therefore,
AFFIRMED.
instant illegal criminal arrest and prosecution, pursuant to Title
21 U.S.C. § 881(a)(7) ..., entered before the instant criminal
trial and sentence, mandates Cooper's release from prison under the
findings in May v. United States, No. A-95 CA 263 SS (W.D. Tex.
Austin, 1995)". Because this claim was not included in Cooper's §
2255 motion, we will not consider it here.
- 2 -