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Calloway v. U.S.

United States District Court, N.D. Ohio, Eastern Division
Jan 15, 2002
Case Nos. 1:01CV2912, 1:90CR314-001 (N.D. Ohio Jan. 15, 2002)

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.


Summaries of

Calloway v. U.S.

United States District Court, N.D. Ohio, Eastern Division
Jan 15, 2002
Case Nos. 1:01CV2912, 1:90CR314-001 (N.D. Ohio Jan. 15, 2002)
Case details for

Calloway v. U.S.

Case Details

Full title:EDWARD CALLOWAY, Petitioner, v. UNITED STATES OF AMERICA, Respondent

Court:United States District Court, N.D. Ohio, Eastern Division

Date published: Jan 15, 2002

Citations

Case Nos. 1:01CV2912, 1:90CR314-001 (N.D. Ohio Jan. 15, 2002)