Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

U.S. v. Cheape

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


September 3, 1991

UNITED STATES OF AMERICA
v.
JAMES HUGHES CHEAPE, JOHN WADE JOHNSON, KAREN KLINFELTER, JAMES WADE JOHNSON, APPELLANT

Appeal from the United States District Court for the Western District of Pennsylvania; (D.C. Crim. No. 88-00143-2); District Judge: Honorable Maurice B. Cohill, Jr.

Mansmann, Hutchinson and Nygaard, Circuit Judges.

JUDGMENT ORDER

After consideration of all contentions raised by the appellant, that:

"I. The district court's findings and conclusions are contrary to the record and evidence presented in appellant's 2255 motion;

II. There exists no facts or law(s) refuting the retroactivity of amendments to the new sentencing guidelines published in 1991;

III. Appellant's court appointed counsel failed to properly argue appellant's issues on appeal and did not request "en banc" rehearing when the appellate court affirmed conviction/sentence without exercising discretion and thereby entered no factual basis for its opinion;

IV. The district court abused its disretion when it failed to permit appellant proper redress under the 2255 procedure; "(Brief of Appellant) and further,

V. That defense counsel was ineffective for not attending Johnson's interview for the presentence report;

it is

ADJUDGED AND ORDERED that the judgment of the district court be and is hereby affirmed.

19910903

© 1998 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.