Raymond Johnson v. United States

Sixth Circuit

Raymond Johnson v. United States

57 F.3d 1069, 1995 U.S. App. LEXIS 20958, 1995 WL 358472

CourtCourt of Appeals for the Sixth Circuit

DecidedJune 14, 1995

Docket95-1059

StatusPublished

This text of 57 F.3d 1069 (Raymond Johnson v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Raymond Johnson v. United States, 57 F.3d 1069, 1995 U.S. App. LEXIS 20958, 1995 WL 358472 (6th Cir. 1995).

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Opinion

57 F.3d 1069
NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.

Raymond JOHNSON, Petitioner-Appellant,
v.
UNITED STATES of America, Respondent-Appellee.

No. 95-1059.

United States Court of Appeals, Sixth Circuit.

June 14, 1995.

Before: WELLFORD, NELSON and RYAN, Circuit Judges.

ORDER

Raymond Johnson, a pro se federal prisoner, appeals a district court judgment denying his motion to vacate his sentence filed pursuant to 28 U.S.C. Sec. 2255. The case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed.R.App.P. 34(a).

Johnson was named in four counts of a fifteen count indictment for narcotics and telecommunications offenses. Specifically, count I charged petitioner with conspiracy to possess with intent to distribute and to distribute a controlled substance in violation of 21 U.S.C. Secs. 841(a)(1) and 846; counts II and III charged petitioner with possession with intent to distribute a controlled substance in violation of Sec. 841(a)(1); and count IV charged petitioner with the unlawful use of a communication facility in violation of Sec. 843(b). A panel of this court affirmed Johnson's conviction on appeal. United States v. Johnson, Case No. 91-3863 (6th Cir.1992).

In his motion to vacate sentence, Johnson argued that: 1) the district court sentenced him based upon erroneous information contained in the presentence investigation (PSI) report; and 2) counsel rendered ineffective assistance. Upon review, the district court denied the motion as without merit.

Johnson filed a timely appeal, reasserting his same claims. Johnson also moves the court to proceed in forma pauperis on appeal.

Upon review, we conclude that the district court properly denied the motion to vacate for the reasons stated in the district court's carefully reasoned opinion of January 5, 1995, a copy of which is attached for ready reference.

Accordingly, we hereby grant Johnson pauper status for the limited purpose of this review, and affirm the district court's judgment. Rule 9(b)(3), Rules of the Sixth Circuit.

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57 F.3d 1069
NOTICE: Sixth Circuit Rule 24(c) 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 Sixth Circuit.

Raymond JOHNSON, Petitioner-Appellant,
v.
UNITED STATES of America, Respondent-Appellee.

No. 95-1059.

United States Court of Appeals, Sixth Circuit.

June 14, 1995.

Before: WELLFORD, NELSON and RYAN, Circuit Judges.

ORDER

Raymond Johnson, a pro se federal prisoner, appeals a district court judgment denying his motion to vacate his sentence filed pursuant to 28 U.S.C. Sec. 2255. The case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed.R.App.P. 34(a).

Johnson was named in four counts of a fifteen count indictment for narcotics and telecommunications offenses. Specifically, count I charged petitioner with conspiracy to possess with intent to distribute and to distribute a controlled substance in violation of 21 U.S.C. Secs. 841(a)(1) and 846; counts II and III charged petitioner with possession with intent to distribute a controlled substance in violation of Sec. 841(a)(1); and count IV charged petitioner with the unlawful use of a communication facility in violation of Sec. 843(b). A panel of this court affirmed Johnson's conviction on appeal. United States v. Johnson, Case No. 91-3863 (6th Cir.1992).

In his motion to vacate sentence, Johnson argued that: 1) the district court sentenced him based upon erroneous information contained in the presentence investigation (PSI) report; and 2) counsel rendered ineffective assistance. Upon review, the district court denied the motion as without merit.

Johnson filed a timely appeal, reasserting his same claims. Johnson also moves the court to proceed in forma pauperis on appeal.

Upon review, we conclude that the district court properly denied the motion to vacate for the reasons stated in the district court's carefully reasoned opinion of January 5, 1995, a copy of which is attached for ready reference.

Accordingly, we hereby grant Johnson pauper status for the limited purpose of this review, and affirm the district court's judgment. Rule 9(b)(3), Rules of the Sixth Circuit.

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Bluebook (online)

57 F.3d 1069, 1995 U.S. App. LEXIS 20958, 1995 WL 358472, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raymond-johnson-v-united-states-ca6-1995.