United States v. Martinez-Ramirez

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
October 13, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-40182
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LAURENCIO MARTINEZ-RAMIREZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:04-CV-51
USDC No. 2:02-CR-289-1
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Before SMITH, WIENER, and OWEN, Circuit Judges.
PER CURIAM:*
Laurencio Martinez-Ramirez appeals from the district court’s
denial of his 28 U.S.C. § 2255 motion to vacate, set aside, or
correct his sentence. Martinez-Ramirez argues that, although
Lazaro Izaguirre was his counsel of record, Roberto Izaguirre was
also acting as his counsel. Martinez-Ramirez asserts that he
received ineffective assistance of counsel due to the conflict of
interest caused by Roberto’s representation of Martinez-Ramirez’s
codefendant, Everardo Lopez-Garza.

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No. 05-40182
-2-
The district court’s conclusions regarding claims of
ineffective assistance of counsel are mixed questions of law and
fact which this court reviews de novo. United States v. Bass,
310 F.3d 321, 325 (5th Cir. 2002). Even if it is assumed that
Martinez-Ramirez has established that Roberto was acting as his
counsel, he has failed to show that an actual conflict of
interest existed regarding Roberto or Lazaro. United States v.
Infante, 404 F.3d 376, 390-91 (5th Cir. 2005).
Accordingly, the district court’s judgment is AFFIRMED.

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