United States of America, Plaintiff--appellee, v. Samuel Scallio, A/k/a Santo C. Scallio, Defendant--appellant, 48 F.3d 1218 (4th Cir. 1995)

Samuel Scallio appeals from the district court's order denying relief on his 28 U.S.C. § 2255 (1988) motion. Scallio was convicted in 1986 of a number of offenses arising from his cocaine trafficking activities. This Court affirmed. United States v. Scallio, No. 86-5587L (4th Cir. Sept. 9, 1987) (unpublished).

In his Sec. 2555 motion, Scallio's claims relate only to his conviction of engaging in a continuing criminal enterprise, 21 U.S.C.A. Sec. 848 (West 1981 & Supp.1994). Scallio's claims allege misconduct by the prosecution (non-disclosure of exculpatory information in violation of Brady v. Maryland, 373 U.S. 83 (1963); knowing creation of a false impression of a material fact; and, improperly vouching for the credibility of a government witness) and ineffective assistance of counsel. Our review of the record discloses that these claims are meritless and, therefore, we affirm. 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.