US v. Kissi

Filing 920081209

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

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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

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