James R. Defriese, Petitioner-appellant, v. United States of America, Respondent-appellee, 953 F.2d 1384 (6th Cir. 1992)

Before DAVID A. NELSON and BOGGS, Circuit Judges, and BERTELSMAN, Chief 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, this panel unanimously agrees that oral argument is not needed. Fed. R. App. P. 34(a).

James DeFriese pleaded guilty to one count of dealing in paddlefish eggs, in violation of 16 U.S.C. §§ 3372(a) (2) (A) & 3373(d) (1) (B), and was given a 21 month term of imprisonment. DeFriese subsequently filed a motion to vacate this sentence. 28 U.S.C. § 2255. The district court dismissed the case and this appeal followed. The parties have briefed the issues, DeFriese proceeding without counsel.

Upon consideration, we find that the record and law amply support the district court's decision.

Accordingly, the district court's decision is affirmed for the reasons set forth in its memorandum opinion of July 10, 1991. Rule 9(b) (3), Rules of the Sixth Circuit.