Juan Hernandez Flores v. United States

U.S. Court of Appeals for the Eighth Circuit January 25, 1996

Juan Hernandez Flores v. United States, 74 F.3d 1243 (8th Cir. 1996)

1996 U.S. App. LEXIS 4314; 1996 WL 26607

Opinion

74 F.3d 1243

NOTICE: Eighth Circuit Rule 28A(k) governs citation of unpublished opinions and provides that no party may cite an opinion not intended for publication unless the cases are related by identity between the parties or the causes of action.
Juan Hernandez FLORES, Appellant,
v.
UNITED STATES of America, Appellee.

No. 95-2795.

United States Court of Appeals, Eighth Circuit.

Jan. 25, 1996.

Before BEAM, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

PER CURIAM.

Juan Hernandez Flores appeals the district court's1 order denying his 28 U.S.C. Sec. 2255 motion. Having reviewed the record and the parties' briefs, we conclude that no error of law appears, and that the district court did not abuse its discretion in not holding an evidentiary hearing, see Engelen v. United States, 68 F.3d 238, 240 (8th Cir. 1995). We decline to address Flores's other arguments raised for the first time on appeal. See United States v. Dixon, 51 F.3d 1376, 1383 (8th Cir. 1995). Accordingly, we affirm. See 8th Cir. R. 47B.

The Honorable Richard H. Battey, Chief Judge, United States District Court for the District of South Dakota

Reference

Status: Unpublished