US v. Kissi

Filing 920081209

Opinion

Download PDF
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-7138 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DAVID M. KISSI, Defendant - Appellant. No. 05-7205 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DAVID M. KISSI, Defendant - Appellant. No. 05-7212 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DAVID M. KISSI, Defendant - Appellant. No. 07-4916 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DAVID M. KISSI, Defendant - Appellant. Appeals from the United States District Court for the District of Maryland, at Greenbelt. Alexander Williams, Jr., District Judge and Joseph R. Goodwin, Chief District Judge. (8:05-cr00254; 8:05-ca-01983) Submitted: October 31, 2008 Decided: December 9, 2008 Before NIEMEYER, KING, and GREGORY, Circuit Judges. Affirmed by unpublished per curiam opinion. In Nos. 05-7138/7205/7212, David M. Kissi, Appellant Pro Se. Sandra Wilkinson, Assistant United States Attorney Baltimore, Maryland, for Appellee. In No. 07-4916, Donald Kaplan, Baltimore, Maryland, for Appellant. Rod J. Rosenstein, United States Attorney, Jonathan Biran, Barbara S. Sale, Assistant United States Attorneys, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: In these consolidated cases, David Kissi appeals from his convictions of bankruptcy fraud, obstruction of justice, and criminal contempt, 18 U.S.C. 157, 401(3), and 1503 (2006). In No. 05-7138, Kissi appeals the district court's detention order entered in May 2005. In Nos. 05-7205/7212, Kissi appeals from a district court order denying fifteen pending motions. Our review of the record with respect to these appeals discloses no reversible error. Accordingly, we affirm for the reasons United States v. Kissi, No. 8:05- stated by the district court. cr-00254 (D. Md. May 27, 2005; July 26, 2005). Appeal Kissi's 07-4916 is Kissi's claims direct that criminal appeal. was appellate counsel trial counsel ineffective for failing to seek an expert witness to testify regarding Kissi's mental disorders. To allow for adequate development of the record, a defendant must ordinarily bring a claim of ineffective assistance of counsel in a 28 U.S.C.A. 2255 (West 2006 and Supp. 2008) motion unless it conclusively appears on the face of the record that counsel provided inadequate assistance. United States v. Richardson, 195 F.3d We find that the record does not We have also reviewed the 192, 198 (4th Cir. 1999). establish ineffective representation. claims raised by Kissi in his supplemental pro se brief and find them to be without merit. 3 Accordingly, dispense with oral we affirm Kissi's the conviction. facts and We legal argument because contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 4

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?