Opinions of the United 2002 Decisions States Court of Appeals for the Third Circuit

5-17-2002

USA v. Davis Precedential or Non-Precedential: Non-Precedential

Docket No. 01-2818

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Recommended Citation "USA v. Davis" (2002). 2002 Decisions. Paper 282. http://digitalcommons.law.villanova.edu/thirdcircuit_2002/282

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THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

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No. 01-2818 ___________

UNITED STATES OF AMERICA

vs.

JOHN DAVIS a/k/a John Davis-Bey

Appellant.

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ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

(D.C. Criminal No. 99-cr-00638) District Judge: The Honorable Harvey Bartle, III

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Submitted Under Third Circuit LAR 34.1(a) April 19, 2002

BEFORE: NYGAARD, AMBRO, and KRAVITCH, Circuit Judges.

(Filed May 17, 2002)

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OPINION OF THE COURT ___________

NYGAARD, Circuit Judge. Appellant, John Davis, argues on appeal that his counsel was ineffective for failing to request a downward adjustment under U.S.S.G 3B1.3. He argues that he was a minor participant in the conspiracy. Appellant also argues that his counsel was ineffective for failing to object to a two-level upward adjustment for the possession and use of a special skill. Because both of these arguments raise issues of fact that must first be resolved by the District Court, we conclude that neither issue is ripe for appeal. Government of the Virgin Islands v. Forte,

, (3d Cir. 1986) (An appellant may not raise ineffective assistance of counsel in a direct appeal when there is an insufficient record for appellate review.) Accordingly, we will dismiss the appeal. _________________________

TO THE CLERK: Please file the foregoing opinion.

/s/ Richard L. Nygaard Circuit Judge