U.S. Court of Appeals for the Fifth Circuit, 1971

United States v. Fernando MacIas

United States v. Fernando MacIas
U.S. Court of Appeals for the Fifth Circuit · Decided July 13, 1971 · Coleman, Simpson, Morgan
446 F.2d 54; 1971 U.S. App. LEXIS 8972 (Federal Reporter, Second Series)

United States v. Fernando MacIas

Opinion

PER CURIAM:

On January 4, 1971, we remanded this case for an evidentiary hearing to determine whether Fernando Macias had been denied effective assistance of counsel when convicted of the unlawful sale of heroin [United States v. Macias, 435 F.2d 1294 (1971)].

The hearing was held, with adverse results to Macias. He again appeals. We affirm.

The record clearly supports the findings and conclusions of the District Court. Indeed, candor compelled appellate counsel for Macias to concede this in the brief he filed with this Court. Due fidelity to the Court and the client forbade any other course.

The judgment of the District Court is

Affirmed.

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