United States v. Loftis

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 95-40732 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MILLARD DEAN LOFTIS, Defendant-Appellant.

Appeal from the United States District Court For the Eastern District of Texas (5:94-CV-76) April 23, 1996

Before POLITZ, Chief Judge, GARWOOD and STEWART, Circuit Judges.

PER CURIAM:* Millard Dean Loftis appeals the denial of his motion for relief under 28 U.S.C. § 2255, contending that he received ineffective assistance of counsel; the district court gave improper reasons and employed an incorrect analysis when departing upward from the applicable guideline sentencing range; the government did not notify him of its intention to seek an upward departure; and the district court denied him the right of allocution at sentencing. Our review of the record and briefs discloses no reversible error.

We will not consider the contentions of ineffective assistance of counsel which Loftis raises for the first time on appeal.1 His contention that he was denied his right of allocution is not persuasive for it lacks a factual basis. His further contention that counsel was ineffective for failing to raise his fourth amendment contentions on direct appeal is likewise unconvincing; Loftis pleaded guilty and thus waived the suppression issues.2 As to Loftis’s remaining contentions, we affirm for essentially the facts found, authorities cited, and reasons given by the learned district judge.3 AFFIRMED.