Opinion
Case Nos. 1:01CV2912, 1:90CR314-001
January 15, 2002
MEMORANDUM OF OPINION AND ORDER
Petitioner Edward Calloway has filed, pro se, a Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 (Doc. No. 1). For the following reasons, the Motion is DISMISSED WITHOUT PREJUDICE.
On October 12, 2000, Petitioner Edward Calloway entered a guilty plea to the charge of Possession with Intent to Distribute Crack Cocaine, 21 U.S.C. § 841 (b)(1)(C). On December 13, 2000, the Court sentenced Petitioner to 151 months of incarceration.
On December 28, 2001, Petitioner filed a 28 U.S.C. § 2255 Motion to Vacate, Set Aside, or Correct Septence (ECF No. 1). In the motion, Petitioner raises the following five grounds for vacating or setting aside his sentence: (1) "Conviction was obtained as a result of an unknowing or understanding of the consequence"; (2) "Conviction was obtained after an unlawful arrest;" (3) "Enhancement for career offender was unconstitutional because at the time of sentence, key civil fights were restored;" (4) "Court had no jurisdiction to impose an enhanced sentence pursuant to plea agreement;" and (5) "Denial of effective assistance of counsel and denial of right to appeal was unknowing, unintelligent." Id. at 5-6. Petitioner offers no support for any of these claims, but instead states that each issue "will be briefed separately at a later time." Id.
Petitioner's allegations are stated in the form of conclusions and are completely unsupported by factual allegations or references to any other form of proof. As a result, they are legally insufficient to sustain a review. See, e.g., Short v. United States, 514 F.2d 63, 64 (6th Cir. 1974); McConnell v. United States, No. 96-6542, 162 F.3d 1162, 1998 WL 552844, *2, unreported (6th Cir. 1998). For this reason, Petitioner Edward Calloway's Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 (Doc. No. 1) is hereby DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED.