IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 94-20594 (Summary Calendar)

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

DAMON DOWNS,

Defendant-Appellant.

Appeal from the United States District Court for the Southern District of Texas (CA-H-94-1579(CR-H-93-27-1))

November 16, 1995 Before WIENER, PARKER and DENNIS, Circuit Judges.

PER CURIAM:*

Appellant appeals from the district court's orders denying his

motions for post-conviction relief. He argues,

inter alia, that an element of the offense was omitted from both

the indictment and the plea colloquy and that the district court

* Local Rule 47.5 provides: "The publication of opinions that have no precedential value and merely decide particular cases on the basis of well-settled principles of law imposes needless expense on the public and burdens on the legal profession." Pursuant to that Rule, the court has determined that this opinion should not be published. should have considered his supplemental § 2255 motion. We have

reviewed the record and the district court's opinions and find no

reversible error. Accordingly, we affirm based on the reasoning of

the district court. United States v. Downs, No. H-94-1579 (S.D.

Tex. Mar. 2, 1995 & Aug. 2, 1995).

AFFIRMED.

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