Victor Mendoza v. USA

Filing

UNPUBLISHED OPINION FILED. [13-50369 Affirmed ] Judge: PEH , Judge: JLD , Judge: EBC Mandate pull date is 03/06/2014 [13-50369]

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. § 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.

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