Francisco Mendoza Ordonez v. United States

This is an appeal from the denial of motion to vacate judgment and sentence pursuant to the provisions of 28 U.S.C. § 2255.

We find no error in the district court’s denial of appellant’s allegation of trial court errors. As to his allegation of insufficiency of evidence to convict him, the issue was decided adversely to appellant on direct appeal and need not be considered again.

However, appellant’s retained counsel failed to file a petition for certiorari after we affirmed his conviction on direct appeal, 525 F.2d 1406 (5 Cir. 1975), despite counsel’s acknowledgment that he failed to file the…