United States v. Frank Everette, Jr.

39 F.3d 1178

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.
UNITED STATES of America, Plaintiff Appellee,
v.
Frank EVERETTE, Jr., Defendant Appellant.

No. 94-6289.

United States Court of Appeals, Fourth Circuit.

Submitted Sept. 26, 1994.
Decided Oct. 25, 1994.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. J. Calvitt Clarke, Jr., Senior District Judge. (CR-89-136, CA-94-108)

Frank Everette, Jr., appellant Pro Se.

Laura Marie Everhart, Asst. U.S. Atty., Norfolk, VA, for appellee.

E.D.Va.

AFFIRMED.

Before ERVIN, Chief Judge, and WILKINSON and HAMILTON, Circuit Judges.

PER CURIAM:

1

Appellant appeals from the district court's order denying his 28 U.S.C. Sec. 2255 (1988) motion. Our review of the record and the district court's opinion discloses that this appeal is without merit. Accordingly, we affirm on the reasoning of the district court.* United States v. Everette, No. CR-89-136; No. CA-94-108 (E.D. Va. Jan. 31, 1994). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the Court and argument would not aid the decisional process.

2

AFFIRMED.

*

We also note that Appellant raises the same issue litigated in his direct appeal. United States v. Everette, No. 90-5170 (4th Cir. Aug. 1, 1991) (unpublished). Ordinarily, the arguments which form the basis of a direct appeal cannot be advanced on collateral attack. Boeckenhaupt v. United States, 537 F.2d 1182 (4th Cir.), cert. denied, 429 U.S. 863 (1976)