US v. Garland Ellison, No. 09-4863 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-4863 UNITED STATES OF AMERICA, Plaintiff Appellee, v. GARLAND ELLISON, Defendant Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at New Bern. James C. Fox, Senior District Judge. (4:08-cr-00062-F-1) Submitted: September 30, 2010 Decided: November 4, 2010 Before KING, SHEDD, and KEENAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Ronald Cohen, Wilmington, North Carolina, for Appellant. George E. B. Holding, United States Attorney, Anne M. Hayes, Jennifer P. May-Parker, Assistant United States Attorneys, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Garland Ellison was convicted of mailing threatening communications, in violation of 18 U.S.C. § 876(c) (2006). He now appeals, contending that defense counsel was ineffective. We affirm. To allow for adequate development of the record, a defendant ordinarily must raise a claim of ineffective assistance of counsel in a 28 U.S.C.A. § 2255 (West Supp. 2010) motion unless it conclusively appears on the face of the record that counsel provided inadequate assistance. United States v. Richardson, 195 F.3d 192, 198 (4th Cir. 1999). Our review of the record, including a forensic report and transcripts of the competency hearing assistance does record. not and jury trial, conclusively We therefore affirm. reveals appear on that the ineffective face of the 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. AFFIRMED 2

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