United States v. David Harrell, aka Bruce Davis, aka David Smith, aka James...
United States v. David Harrell, aka Bruce Davis, aka David Smith, aka James...
Opinion
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT ________________________ FILED U.S. COURT OF APPEALS No. 10-10505 ELEVENTH CIRCUIT JULY 26, 2010 Non-Argument Calendar JOHN LEY ________________________ CLERK
D.C. Docket No. 1:96-cr-00022-PAS-2
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DAVID HARRELL, a.k.a. Bruce Davis, a.k.a. David Smith, a.k.a. James Davis, a.k.a. David Johnson, a.k.a. Robbin Hood, a.k.a. Lil’ Dave, a.k.a. Bruce Smith, a.k.a. Bruce Kelley, a.k.a. Darren Johnson,
Defendant - Appellant. ________________________
Appeal from the United States District Court for the Southern District of Florida _________________________
(July 26, 2010) Before TJOFLAT, WILSON and PRYOR, Circuit Judges.
PER CURIAM:
David Harrell, a federal inmate, appeals pro se the denial of his two motions
to correct alleged errors in his sentence for conspiring to commit robbery, robbery,
and being a felon in possession of a firearm. Fed. R. Crim. P. 36. We affirm.
Harrell’s arguments are barred from review. Harrell’s arguments that he did
not receive credit for time served and that he should not pay restitution while
incarcerated have been rejected by a sister circuit in a previous collateral
proceeding. Harrell v. Rivera, No. 08-8105 (4th Cir. Jan. 26, 2009) (unpublished).
Harrell’s arguments are barred by res judicata. See Ragsdale v. Rubbermaid, Inc.,
193 F.3d 1235, 1238 (11th Cir. 1999).
We AFFIRM the denial of Harrell’s motions.
2
Reference
- Full Case Name
- United States v. David Harrell, aka Bruce Davis, aka David Smith, aka James Davis, aka David Johnson, aka Robbin Hood, aka Lil' Dave, aka Bruce Smith, aka Bruce Kelley, aka Darren Johnson
- Status
- Unpublished