# United States v. Brown

> Court of Appeals for the Fifth Circuit · February 19, 1997 · 108 F.3d 332

URL: https://www.frixlaw.com/law-library/cases/11404

## Case

- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** February 19, 1997
- **Citations:** 108 F.3d 332; 1997 WL 73853
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/11404

## Opinion text

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 96-20351
(Summary Calendar)

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

EARL ST. ELMO BROWN,

Defendant-Appellant.

- - - - - - - - - -
Appeal from the United States District Court
for the Southern District of Texas
(USDC No. CR-H-95-63-1)
- - - - - - - - - -
February 14, 1997
Before HIGGINBOTHAM, WIENER and BENAVIDES, Circuit Judges.

PER CURIAM:*

Earl Stelmo Brown appeals his conviction for being a felon in

possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). In

an intertwined argument, Brown contends that the district court

erred by denying his motion for a new trial without conducting an

evidentiary hearing and that he received ineffective assistance of

counsel. Our review of the record and of the arguments convinces

us that no reversible error was committed.

*
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that this opinion should not be published and is not precedent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.
As Brown does not show prejudice from his assertion that trial

counsel’s performance was deficient, his ineffective-assistance

claim is without merit. See Strickland v. Washington, 466 U.S.

668, 687 (1984). Nor has Brown shown that the district court

abused its discretion by denying, without conducting an evidentiary

hearing, his motion for a new trial based on his claim of

ineffective-assistance. See United States v. Blackburn, 9 F.3d

353, 358 (5th Cir. 1993).

AFFIRMED.

2

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11404. Public record. Not legal advice.