United States v. Dickerson , 22 F. App'x 970 ( 2001 )


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  •                                                                          F I L E D
    United States Court of Appeals
    Tenth Circuit
    UNITED STATES COURT OF APPEALS
    NOV 20 2001
    TENTH CIRCUIT
    PATRICK FISHER
    Clerk
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    No. 01-6116
    v.
    (D.C. No. 00-CV-1299-T)
    (W.D. Okla.)
    ALFRED ANDRE DICKERSON,
    Defendant-Appellant.
    ORDER AND JUDGMENT *
    Before EBEL, KELLY and LUCERO, Circuit Judges.
    Defendant-Appellant Alfred Andre Dickerson raises three issues on appeal
    from the denial of his § 2255 motion by the district court. First, he argues that
    the sentencing court lacked subject-matter jurisdiction because he was sentenced
    based on a crime for which he was not indicted. Dickerson does not offer any
    facts in support of this argument, nor does the record suggest that he was
    *
    After examining appellant’s brief and the appellate record, this panel has
    determined unanimously that oral argument would not materially assist the
    determination of this appeal. See Fed. R. App. P. 34(a)(2) and 10th Cir. R.
    34.1(G). The case is therefore ordered submitted without oral argument. This
    Order and Judgment is not binding precedent, except under the doctrines of law of
    the case, res judicata, and collateral estoppel. The court generally disfavors the
    citation of orders and judgments; nevertheless, an order and judgment may be
    cited under the terms and conditions of 10th Cir. R. 36.3.
    sentenced for a crime for which he was not indicted. Further, the § 2255 petition
    he filed with the district court did not argue that the sentencing court lacked
    subject-matter jurisdiction. Accordingly, we will not review this claim. Walker
    v. Mather (In re Walker), 
    959 F. 2d 894
    , 896 (10th Cir. 1992).
    Second, Dickerson argues that his sentence was enhanced based on a crime
    not charged by the grand jury. He contends that he was sentenced under 
    21 U.S.C. § 841
    (b), but that he pled guilty only to a violation of 
    21 U.S.C. § 856
    (a)(2). Dickerson does not explain this assertion or offer facts in support,
    but he may be referring to the calculation of his sentence under U.S.S.G. § 2D1.8.
    If so, this court rejected the argument on direct appeal, see United States v.
    Dickerson, 
    195 F.3d 1183
    , 1189-90 (10th Cir. 1999), and Dickerson offers no
    reason to question that ruling.
    Third, he argues ineffective assistance of counsel. He does not offer any
    reason why the district court erred in finding this claim meritless, and we can
    detect none.
    Dickerson’s application for a Certificate of Appealability is DENIED.
    ENTERED FOR THE COURT
    David M. Ebel
    Circuit Judge
    -2-
    

Document Info

Docket Number: 01-6116

Citation Numbers: 22 F. App'x 970

Judges: Ebel, Kelly, Lucero

Filed Date: 11/20/2001

Precedential Status: Non-Precedential

Modified Date: 8/3/2023