Texte intégral
No. 99-30251
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* 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that this opinion should not be published and is not precedent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. 99-30251
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CLAUDE ANTANNE GRIFFIN, JR.,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No.97-CV-1095
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January 17, 2000
Before HIGGINBOTHAM, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Claude Antanne Griffin, Jr., appeals the district court’s
dismissal of his § 2255 motion. Griffin, however, failed to
prove his incompetency to stand trial by a preponderance of the
evidence. See Washington v. Johnson, 90 F.3d 945, 950 (5th Cir.
1996). Because Griffin was not incompetent to stand trial, his
trial counsel did not provide ineffective assistance by failing
to investigate his competency. See Carter v. Johnson, 131 F.3d
452, 464 (5th Cir. 1997), cert. denied, 118 S.Ct. 1567 (1998).
Griffin has not demonstrated error on the part of the district
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court. This judgment is therefore AFFIRMED.
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