United States v. Miles

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-7456
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
CLARENCE MILES, JR., a/k/a Clink,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Frank A. Kaufman, Senior District Judge.
(CR-90-72-K, CA-96-1910-K)
Submitted: January 23, 1997 Decided: February 5, 1997
Before RUSSELL, WILKINS, and WILLIAMS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Clarence Miles, Jr., Appellant Pro Se. Katharine Jacobs Armentrout,
Assistant United States Attorney, Baltimore, Maryland, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Clarence Miles, Jr., seeks to appeal the district court's
order denying his motion filed under 28 U.S.C. § 2255 (1994),
amended by Antiterrorism and Effective Death Penalty Act of 1996,
Pub. L. No. 104-132, 110 Stat. 1214. Miles pled guilty, pursuant
to a plea agreement, in October 1990 to conspiracy to distribute
heroin, 21 U.S.C. § 846 (1994) for which he received a 168-month
sentence. Miles claimed in his § 2255 motion that his attorney was
ineffective for failing to argue for a two-level reduction under
U.S.S.G. § 3B1.2(b)* and for failing to object to the quantity of
heroin attributed to him for sentencing purposes. We have reviewed
the record and find that the district court properly denied relief
on both claims. Miles stipulated to the amount of heroin attribut-
able to him and that he was not entitled to a reduction for his
role in the offense. Accordingly, we deny a certificate of appeal-
ability and dismiss the appeal. 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 deci-
sional process.
DISMISSED
*
United States Sentencing Commission, Guidelines Manual (Nov.
1995).
2