Victor Mendoza v. USA, No. 13-50369 (5th Cir. 2014)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on January 13, 2014.
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Case: 13-50369 Document: 00512497705 Page: 1 Date Filed: 01/13/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 13-50369 Summary Calendar FILED January 13, 2014 Lyle W. Cayce Clerk VICTOR MANUEL MENDOZA, Plaintiff-Appellant v. UNITED STATES OF AMERICA, Defendant-Appellee Appeal from the United States District Court for the Western District of Texas USDC No. 3:13-CV-86 Before HIGGINBOTHAM, DENNIS, and CLEMENT, Circuit Judges. PER CURIAM: * The judgment of the District Court is affirmed for essentially the reasons stated in its Memorandum Opinion and Order Dismissing Plaintiff s Complaint and for the additional reason that the Complaint is a collateral attack of Plaintiff s judgment of conviction upon his plea of guilty for violation of 21 U.S.C. ยง 841, 846 and is barred by Spina v. Aaron, 821 F.2d 1126, 1127- 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-50369 Document: 00512497705 Page: 2 Date Filed: 01/13/2014 No. 13-50369 29 (5th Cir. 1987); Heck v. Humphrey, 512 U.S. 477 (1994); Stephenson v. Reno, 28 F.3d 26 (5th Cir. 1994) (per curiam). AFFIRMED. 2
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