United States of America v. Pablo Juan Merlos, Also Known As Vale Berga, Also Known Aspablo Escobar, Appellant, 65 F.3d 962 (D.C. Cir. 1995)

This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs filed by the parties. The court has determined that the issues presented occasion no need for an opinion. See D.C. Cir. Rule 36(b). It is

ORDERED AND ADJUDGED that the district court's order filed November 9, 1994, denying appellant's motion filed pursuant to 28 U.S.C. § 2255, be affirmed. Appellant has not shown that his counsel's failure to object at trial to a reasonable doubt instruction which subsequently was determined to be constitutionally defective was objectively unreasonable and that but for his counsel's error there exists a reasonable probability that he would have been acquitted at trial. See Strickland v. Washington, 466 U.S. 668 (1984).

The Clerk is directed to withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing. See D.C. Cir. Rule 41.