USA v. Paul Schlieve, No. 14-40577 (5th Cir. 2018)

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Case: 14-40577 Document: 00514348580 Page: 1 Date Filed: 02/15/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-40577 United States Court of Appeals Fifth Circuit FILED February 15, 2018 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff - Appellee v. PAUL LYNN SCHLIEVE, Defendant - Appellant Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:07-CV-293 Before REAVLEY, SMITH, and OWEN, Circuit Judges. PER CURIAM:* The judgment of the district court is affirmed for the certain reasons set forth in the magistrate judge’s report of August 24, 2010. The conviction of Schlieve was affirmed by this court in 2005, and then he filed a motion under § 2255 to vacate his sentence. The only point still pursued claims that defense counsel was misled by the prosecutor about evidence on a video that would have been Brady material and could have been 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * Case: 14-40577 Document: 00514348580 Page: 2 Date Filed: 02/15/2018 No. 14-40577 suppressed had not counsel been misled. The record fully obliterates that claim, because the defense counsel had possession of the video, as did the jury. No evidence stands to support it. AFFIRMED. 2

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