USA v. David Harrell


Opinion issued by court as to Appellant David Harrell. Decision: Affirmed. Opinion type: Non-Published. Opinion method: Per Curiam.

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USA v. David Harrell Doc. 0 Case: 10-10505 Date Filed: 07/26/2010 Page: 1 of 2 [D O NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS F O R 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 U N IT E D 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. ________________________ A p p eal from the United States District Court fo r the Southern District of Florida _________________________ (Ju ly 26, 2010) Case: 10-10505 Date Filed: 07/26/2010 Page: 2 of 2 Before TJOFLAT, WILSON and PRYOR, Circuit Judges. P E R CURIAM: D av id 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, an d being a felon in possession of a firearm. Fed. R. Crim. P. 36. We affirm. H arrell's arguments are barred from review. Harrell's arguments that he did n o t receive credit for time served and that he should not pay restitution while in carcerated have been rejected by a sister circuit in a previous collateral p ro ceed in g . Harrell v. Rivera, No. 08-8105 (4th Cir. Jan. 26, 2009) (unpublished).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., 1 9 3 F.3d 1235, 1238 (11th Cir. 1999). W e AFFIRM the denial of Harrell's motions. 2

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