United States of America, Plaintiff-appellee, v. Charles William Moore, Defendant-appellant, 914 F.2d 249 (4th Cir. 1990)

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US Court of Appeals for the Fourth Circuit - 914 F.2d 249 (4th Cir. 1990) Submitted July 9, 1990. Decided Sept. 20, 1990

Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Woodrow Wilson Jones, Senior District Judge. (CR No. 86-32-ST; C/A No. 89-116-ST)

Charles William Moore, appellant pro se.

Thomas J. Ashcraft, United States Attorney, Charlotte, N.C., for appellee.



Before WILKINSON and WILKINS, Circuit Judges, and BUTZNER, Senior Circuit Judge.


Charles William Moore, a federal prisoner, brought this 28 U.S.C. § 2255 petition attacking his sentence for bank robbery because he was unable to review his presentence report prior to sentencing, his attorney was ineffective for not reviewing the presentence report, and his presentence report contained inaccurate information. The district court denied the petition, and we affirm.

Moore failed to appeal his conviction. Therefore, he waived the right to review the presentence report issue. United States v. Emanuel, 869 F.2d 795, 796 (4th Cir. 1989). We agree with the district court's disposition of the remaining claims.

We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the Court and argument would not significantly aid in the decisional process.