UNITED STATES OF AMERICA v. PAUL LYNN SCHLIEVE

Reset A A Font size: Print

United States Court of Appeals, Fifth Circuit.

UNITED STATES OF AMERICA, Plaintiff - Appellee v. PAUL LYNN SCHLIEVE, Defendant - Appellant

No. 14-40577

Decided: February 15, 2018

Before REAVLEY, SMITH, and OWEN, Circuit Judges.

The judgment of the district court is affirmed for the certain reasons set forth in the magistrate judge's report of August 24, 2010.

The conviction of Schlieve was affirmed by this court in 2005, and then he filed a motion under ยง 2255 to vacate his sentence. The only point still pursued claims that defense counsel was misled by the prosecutor about evidence on a video that would have been Brady material and could have been suppressed had not counsel been misled. The record fully obliterates that claim, because the defense counsel had possession of the video, as did the jury. No evidence stands to support it.

AFFIRMED.

PER CURIAM:*