United States v. Hill

* 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that this opinion should not be published and is not precedent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. 99-51179
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LEONARD HILL,
also known as Nootie,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-97-CV-269
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February 8, 2001
Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Leonard Hill, prisoner number 70325-080, appeals the
district court’s denial of his 28 U.S.C. § 2255 motion to vacate
sentence. Hill has failed to show that he is entitled to relief
based on his counsel’s alleged ineffective assistance, as Hill
has failed to show that his counsel’s performance was deficient.
See Strickland v. Washington, 466 U.S. 668 (1984). Hill has also
failed to show that the evidence was insufficient to support his
plea. The factual basis found in the plea agreement, the truth

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No. 99-51179
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and accuracy of which was admitted by Hill when he was under
oath, established that Hill had performed acts that constituted
all of the elements of a drug conspiracy. See United States v.
Martinez, 190 F.3d 673, 676 (5th Cir. 1999); United States v.
Fuller, 769 F.2d 1095, 1099 (5th Cir. 1985).
Hill argues several other issues in his opening and reply
briefs. Because a certificate of appealability was not granted
on these issues, we will not consider them. See Lackey v.
Johnson, 116 F.3d 149, 151-52 (5th Cir. 1997). The judgment of
the district court is AFFIRMED.

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