United States v. Harrell
United States v. Harrell
Opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 96-7065
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ANTHONY D. HARRELL,
Defendant - Appellant.
Appeal from the United States District Court for the District of Maryland, at Greenbelt. Peter J. Messitte, District Judge. (CR- 94-201-PJM, CA-95-3799-PJM)
Submitted: October 7, 1997 Decided: October 23, 1997
Before HALL, NIEMEYER, and WILLIAMS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Anthony D. Harrell, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:
Anthony D. Harrell appeals the district court's order denying
his
28 U.S.C. § 2255(1994) (current version at
28 U.S.C.A. § 2255(West 1994 & Supp. 1997)) motion. We affirm.
Harrell pleaded guilty to aiding and abetting the interference
with commerce by robbery. We note that Harrell does not ask that his guilty plea be set aside. To the extent that he does attack the
validity of his guilty plea, our review of the record reveals that
Harrell cannot show that, but for counsel's alleged errors, he
would have pleaded not guilty and gone to trial. See Hill v. Lockhart,
474 U.S. 52, 59(1985). Harrell's main complaint is that
there are inaccuracies in his presentence report. However, he never
specifically identifies the alleged inaccuracies. His conclusory
claim cannot serve as the basis for relief under § 2255. We accordingly affirm the judgment of the district court. We
dispense with oral argument because the facts and legal contentions
are fully presented in the materials before the court and argument would not aid the decisional process.
AFFIRMED
2
Reference
- Status
- Unpublished