UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
September 3, 1991
UNITED STATES OF AMERICA
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.
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;
ADJUDGED AND ORDERED that the judgment of the district court be and is hereby affirmed.
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