USA v. David Harrell, No. 10-10505 (11th Cir. 2010)
Annotate this Case
Download PDF
[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 10-10505 Non-Argument Calendar ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT JULY 26, 2010 JOHN LEY CLERK D.C. Docket No. 1:96-cr-00022-PAS-2 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus DAVID HARRELL, a.k.a. Bruce Davis, a.k.a. David Smith, a.k.a. James Davis, a.k.a. David Johnson, a.k.a. Robbin Hood, a.k.a. Lil Dave, a.k.a. Bruce Smith, a.k.a. Bruce Kelley, a.k.a. Darren Johnson, Defendant - Appellant. ________________________ Appeal from the United States District Court for the Southern District of Florida _________________________ (July 26, 2010) Before TJOFLAT, WILSON and PRYOR, Circuit Judges. PER CURIAM: David Harrell, a federal inmate, appeals pro se the denial of his two motions to correct alleged errors in his sentence for conspiring to commit robbery, robbery, and being a felon in possession of a firearm. Fed. R. Crim. P. 36. We affirm. Harrell s arguments are barred from review. Harrell s arguments that he did not receive credit for time served and that he should not pay restitution while incarcerated have been rejected by a sister circuit in a previous collateral proceeding. Harrell v. Rivera, No. 08-8105 (4th Cir. Jan. 26, 2009) (unpublished). Harrell s arguments are barred by res judicata. See Ragsdale v. Rubbermaid, Inc., 193 F.3d 1235, 1238 (11th Cir. 1999). We AFFIRM the denial of Harrell s motions. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
