United States v. Garcia-Castro

* 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opinion should not be published and is not precedent except under the limited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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-41390
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
HORACIO GARCIA-CASTRO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-00-CV-97
USDC No. B-97-CR-490-1
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December 27, 2001
Before JONES, SMITH, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Horacio Garcia-Castro (“Garcia”), federal prisoner
# 77632-079, appeals from the district court’s denial of his motion
to vacate, set aside, or correct judgment pursuant to 28 U.S.C.
§ 2255. Although Garcia identifies three issues on appeal, the
only issue properly before the court is the issue on which COA was
granted: whether the attorney’s recommendation that the
Government’s evidence was insufficient to prove his guilt beyond a
reasonable doubt was professionally reasonable. See Lackey v.

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No. 00-41390
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Johnson, 116 F.3d 149, 151-52 (5th Cir. 1997); see also United
States v. Kimler, 150 F.3d 429, 431 (5th Cir. 1998).
After a review of the entire record and judging counsel’s
performance without benefit of hindsight, see Moreland v. Scott,
175 F.3d 347, 50 (5th Cir. 1999), this court cannot say that
counsel’s recommendation was professionally unreasonable.
Accordingly, the judgment of the district court is AFFIRMED.

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