UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-50286 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

VERSUS

EDISON SANCHEZ CAICEDO, Defendant-Appellant.

Appeal from the United States District Court for the Western District of Texas (A-96-CV-011)

April 8, 1998 Before JOLLY, BENAVIDES, and PARKER, Circuit Judges.

PER CURIAM:* Edison Sanchez Caicedo appeals the district court’s denial of his motion to vacate, set aside , or correct his sentence, pursuant to 28 U.S.C. § 2255. Caicedo contends that the district court erred in finding he had not demonstrated that he received ineffective assistance of counsel and in refusing to order an evidentiary hearing prior to denying his motion. Caicedo also argues that he was not required to obtain a Certificate of * Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

Appealability