United States v. Barcheers

No. 99-50273
-1-
* 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this opinion should not be published and is not precedent except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. 99-50273
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
AUBREY “BUCK” BARCHEERS, also known as
Audrey “Buck” Barcheers,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. MO-96-CR-138-1
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February 16, 2000
Before EMILIO M. GARZA, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
The Appellant, Aubrey “Buck” Barcheers, appeals the district
court’s denial of his Fed. R. Crim. P. 33 motion for a new trial.
Barcheers argues that the federal criminal investigation and
conviction of his trial attorney on illegal drug charges,
occurring at the same time of Barcheers’ trial, created a
conflict of interest that denied Barcheers a fair trial and the
right to counsel.
We have reviewed the record and briefs submitted by the
parties and find that district court did not abuse its discretion

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No. 99-50273
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in concluding that Barcheers’ claims were improperly brought
under Rule 33. United States v. Medina, 118 F.3d 371, 372 (5th
Cir. 1997). We do so without prejudice to Barcheers’ right to
seek federal post-conviction relief.
AFFIRMED.

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