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

[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS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 Harrell v. Rivera, No. 08-8105 (4th Cir. Jan. 26, 2009) (unpublished).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.