Herbert Brandenburg v. United States

U.S. Court of Appeals for the Eighth Circuit

Herbert Brandenburg v. United States

Opinion

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No. 95-3461 _____________

Herbert J. Brandenburg, * * Appellant, * * v. * * United States of America, * * Appellee. *

___________ Appeals from the United States No. 96-1727 District Court for the ___________ Western District of Arkansas.

[UNPUBLISHED] United States of America, * * Appellee, * * v. * * Willie L. Ricks, Sr., * * Appellant. *

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Submitted: September 4, 1996

Filed: September 20, 1996 _____________

Before BOWMAN, MAGILL, and LOKEN, Circuit Judges.

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PER CURIAM.

This is a consolidated appeal. Herbert Brandenburg appeals the district court's1 order denying his 28 U.S.C. § 2255 motion. He raised the following issues: (1) denial of the right to a speedy trial; (2) denial of due process by prosecutorial misconduct; (3) misinterpretation of U.S.S.G. § 1B1.3(a)(1)(B); (4) erroneous failure to apply U.S.S.G. § 3B1.2; (5) failure to make express findings as to relevant conduct; and (6) ineffective assistance of counsel. We conclude the district court did not err in denying relief and that an opinion would lack precedential value. Co-defendant Willie L. Ricks appeals the district court's2 order denying his motion to reduce his sentence. We likewise conclude the district court did not err in finding that Ricks--by failing to provide the government with all the information he possessed--did not fulfill the requirements of 18 U.S.C. § 3553(f)(5). See United States v. Romo, 81 F.3d 84, 86 (8th Cir. 1996) (standard of review).

Accordingly, we affirm the judgments of the district court. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.

1 The Honorable Jimm Larry Hendren, United States District Judge for the Western District of Arkansas, adopting the report and recommendations of the Honorable Beverly R. Stites, United States Magistrate Judge for the Western District of Arkansas. 2 The Honorable Jimm Larry Hendren, United States District Judge for the Western District of Arkansas.

Reference

Status
Unpublished