IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________ No. 94-20587 Summary Calendar __________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus

MIRYAM BALCAZAR, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. CA-94-2337 (CR-H-89-0012-01) - - - - - - - - - - February 7, 1996

Before DAVIS, BARKSDALE and DeMOSS, Circuit Judges.

PER CURIAM:* Appellant Miryam Balcazar appeals from the district court's order denying her motion to vacate her sentence, filed pursuant to 28 U.S.C. § 2255. She argues that the district court should have disqualified itself from presiding over her bench trial after denying her motion to suppress evidence, and that her trial counsel was ineffective for allowing the hearing on her

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.

No. 94-20587 -2-

suppression motion and her bench trial to be jointly conducted.

We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we affirm for essentially the reasons given by the district court. United States v. Balcazar, No. CR H-89-12 (S.D. Tex. July 20, 1994).

AFFIRMED.