United States v. David Harrell, aka Bruce Davis, aka David Smith, aka James...

U.S. Court of Appeals for the Eleventh Circuit

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[DO NOT PUBLISH]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 Harrell v. Rivera, No. 08-8105 (4th Cir. Jan. 26, 2009) (unpublished).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Unpublished