United States of America, Plaintiff Appellee, v. Frank Everette, Jr., Defendant Appellant, 39 F.3d 1178 (4th Cir. 1994)Annotate this Case
Submitted Sept. 26, 1994. Decided Oct. 25, 1994
Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. J. Calvitt Clarke, Jr., Senior District Judge. (CR-89-136, CA-94-108)
Frank Everette, Jr., appellant Pro Se.
Laura Marie Everhart, Asst. U.S. Atty., Norfolk, VA, for appellee.
Before ERVIN, Chief Judge, and WILKINSON and HAMILTON, Circuit Judges.
Appellant appeals from the district court's order denying his 28 U.S.C. § 2255 (1988) motion. Our review of the record and the district court's opinion discloses that this appeal is without merit. Accordingly, we affirm on the reasoning of the district court.* United States v. Everette, No. CR-89-136; No. CA-94-108 (E.D. Va. Jan. 31, 1994). 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.
We also note that Appellant raises the same issue litigated in his direct appeal. United States v. Everette, No. 90-5170 (4th Cir. Aug. 1, 1991) (unpublished). Ordinarily, the arguments which form the basis of a direct appeal cannot be advanced on collateral attack. Boeckenhaupt v. United States, 537 F.2d 1182 (4th Cir.), cert. denied, 429 U.S. 863 (1976)