Unpublished Dispositiondavid Steven Hopkins, Petitioner-appellant, v. United States of America, Respondent-appellee, 872 F.2d 1025 (6th Cir. 1989)

Before RYAN and ALAN E. NORRIS, Circuit Judges, and CHARLES M. ALLEN, Senior District Judge.^* 

ORDER

This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the briefs and record, this panel unanimously agrees that oral argument is not needed. Fed. R. App. P. 34(a).

Petitioner filed a motion to vacate sentence under 28 U.S.C. § 2255. The sentence at issue was for violation of 18 U.S.C. § 1029(a) (2), unauthorized use of access devices, i.e., credit cards. The district court denied the relief sought and the instant appeal followed. Petitioner filed a brief pro se as well as motions for release on bail and for the appointment of appellate counsel.

Upon consideration, we find the district court correctly denied the relief sought. Five of the six grounds for relief advanced by petitioner involve non-jurisdictional defects in the plea proceedings and, as such, are not subject to collateral attack. Tollett v. Henderson, 411 U.S. 258, 260-67 (1973). The remaining ground, ineffective assistance of counsel, is unsupported by the record and does not meet the test set forth in Strickland v. Washington, 466 U.S. 668, 687 (1984).

Accordingly, the motions are denied and the district court's judgment is affirmed. Rule 9(b) (5), Rules of the Sixth Circuit.