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“ven though todaro made his first request to withdraw his plea on the day of sentencing, the request was made after sentence was imposed, and thus rule 32(d) does not provide a vehicle for a challenge to the plea”
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993
2009
2026
Top citers, strongest first. 39 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
United States v. Pettygrue
ven though todaro made his first request to withdraw his plea on the day of sentencing, the request was made after sentence was imposed, and thus rule 32(d) does not provide a vehicle for a challenge to the plea
cited
Cited "see"
United States v. Osborne
See United States v. Todaro, 982 F.2d 1025, 1028 (6th Cir.), cert. denied, 508 U.S. 943 , 113 S.Ct. 2424 , 124 L.Ed.2d 645 (1993).
cited
Cited "see"
Mayes v. United States
See United States v. Todaro, 982 F.2d 1025, 1028 (6th Cir.), cert. denied, 508 U.S. 943 , 113 S.Ct. 2424 , 124 L.Ed.2d 645 (1993).
discussed
Cited "see"
United States v. Edward Tyrone Farley
See United States v. Todaro, 982 F.2d 1025, 1028 (6th Cir.) (per curiam) (district court lacked jurisdiction to entertain under rule 32(d) post-sentencing motion to withdraw plea), cert. denied, — U.S. -, 113 S.Ct. 2424 , 124 L.Ed.2d 645 (1993); United States v. Baker, 790 F.2d 1437, 1438 (9th Cir.1986) (same). 3 Accordingly we will not review the merits of Farley’s appeal from the denial of his “motion to reconsider.” Id.
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Cited "see"
Augustine Chikadili Okayfor v. United States
See United States v. Todaro, 982 F.2d 1025, 1028 (6th Cir.) (per curiam), cert. denied, 113 S.Ct. 2424 (1993). 10 Accordingly, the district court's order, entered on May 31, 1995, is affirmed.
cited
Cited "see"
Hendri C. Graham v. United States
See United States v. Todaro, 982 F.2d 1025, 1028 (6th Cir.) (per curiam), cert. denied, 113 S.Ct. 2424 (1993). 13 Accordingly, the district court's judgment is affirmed.
discussed
Cited "see"
Gregory Rhodes v. United States
See United States v. Todaro, 982 F.2d 1025, 1028 (6th Cir.) (per curiam), cert. denied, 113 S.Ct. 2424 (1993). 7 Rhodes has waived his right to raise his first claim because he did not raise it in his direct appeal.
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Cited "see"
Clarence Coles v. United States
See United States v. Todaro, 982 F.2d 1025, 1028 (6th Cir.) (per curiam), cert. denied, 113 S.Ct. 2424 (1993).
discussed
Cited "see"
Gerald L. Tschuor v. United States
See United States v. Todaro, 982 F.2d 1025, 1028 (6th Cir.) (per curiam), cert. denied, 113 S.Ct. 2424 (1993). 6 Initially, we conclude that the district court did properly address the grounds raised in Tschuor's motion to vacate.
discussed
Cited "see"
Jimmy Johnson v. United States
See United States v. Todaro, 982 F.2d 1025, 1028 (6th Cir.) (per curiam), cert. denied, 113 S. Ct. 2424 (1993). 6 Johnson does not raise on appeal his issues regarding insufficient evidence and violation of the Jencks Act.
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Cited "see"
Ronnie Lee Curtis v. United States
See United States v. Todaro, 982 F.2d 1025, 1028 (6th Cir.) (per curiam), cert. denied, 113 S.Ct. 2424 (1993).
discussed
Cited "see"
Melvin Henry Ignatow v. United States
See United States v. Todaro, 982 F.2d 1025, 1028 (6th Cir.) (per curiam), cert. denied, 113 S.Ct. 2424 (1993). 4 Ignatow's first claim challenging the calculation of his sentence is not even subject to review under Sec. 2255.
discussed
Cited "see"
Manuel Valdes v. United States
See United States v. Todaro, 982 F.2d 1025, 1028 (6th Cir.), cert. denied, 113 S.Ct. 2424 (1993). 7 To establish ineffective assistance of counsel, it must be shown that counsel's performance was deficient and that the deficient performance prejudiced the defense so as to render the trial unfair and the result unreliable.
discussed
Cited "see"
William A. Jordan v. United States
See United States v. Todaro, 982 F.2d 1025, 1028 (6th Cir.) (per curiam), cert. denied, 113 S.Ct. 2424 (1993). 7 Initially, it is noted that Jordan's claim that his conviction was obtained through prosecutorial misconduct was not raised in the district court.
cited
Cited "see"
Bayron Dejesus Moreno v. United States
See United States v. Todaro, 982 F.2d 1025, 1028 (6th Cir.) (per curiam), cert. denied, 113 S.Ct. 2424 (1993).
discussed
Cited "see"
William M. Young v. United States
See United States v. Todaro, 982 F.2d 1025, 1028 (6th Cir.) (per curiam), cert. denied, 113 S.Ct. 2424 (1993). 6 Young has waived his right to raise his first claim because he did not raise it on direct appeal.
discussed
Cited "see"
Freddie N. Jackson v. United States
See United States v. Todaro, 982 F.2d 1025, 1028 (6th Cir.) (per curiam), cert. denied, 113 S.Ct. 2424 (1993). 6 To establish ineffective assistance of counsel, the movant must show that counsel's performance was deficient and that the deficient performance prejudiced the defense so as to render the trial unfair and the result unreliable.
discussed
Cited "see"
Ronald Terry v. United States
See United States v. Todaro, 982 F.2d 1025, 1028 (6th Cir.) (per curiam), cert. denied, 113 S.Ct. 2424 (1993). 6 Terry has waived his right to assert his double jeopardy claim as he did not assert this claim in his direct appeal.
cited
Cited "see"
Carl Green v. United States
See United States v. Todaro, 982 F.2d 1025, 1028 (6th Cir.) (per curiam), cert. denied, 113 S.Ct. 2424 (1993).
cited
Cited "see"
Wardell Coleman v. United States
See United States v. Todaro, 982 F.2d 1025, 1028 (6th Cir.) (per curiam), cert. denied, 113 S.Ct. 2424 (1993).
cited
Cited "see"
Gary Baranek v. United States
See United States v. Todaro, 982 F.2d 1025, 1028 (6th Cir.) (per curiam), cert. denied, 113 S.Ct. 2424 (1993). 7 Baranek's arguments based on the alleged alteration of the tape recording are in vain.
cited
Cited "see"
Gerald Duval, Jr. v. United States
See United States v. Todaro, 982 F.2d 1025, 1028 (6th Cir.) (per curiam), cert. denied, 113 S.Ct. 2424 (1993).
discussed
Cited "see"
Theron Dewayne Marion v. United States
See United States v. Todaro, 982 F.2d 1025, 1028 (6th Cir.) (per curiam), cert. denied, 113 S.Ct. 2424 (1993). 6 Marion's claim that only a person registered or licensed pursuant to the FDCA may be indicted for violating 21 U.S.C.
cited
Cited "see"
Thomas Curtis Kimbro v. United States
See United States v. Todaro, 982 F.2d 1025, 1028 (6th Cir.) (per curiam), cert. denied, 113 S.Ct. 2424 (1993). 7 Kimbro has not raised his ineffective assistance of counsel issue on appeal.
cited
Cited "see"
Maurice Michelle Davis v. United States
See United States v. Todaro, 982 F.2d 1025, 1028 (6th Cir.) (per curiam), cert. denied, 113 S.Ct. 2424 (1993).
discussed
Cited "see"
Farid Asad v. United States
See United States v. Todaro, 982 F.2d 1025, 1028 (6th Cir.) (per curiam), cert. denied, 113 S.Ct. 2424 (1993). 7 The district court did not expressly address Asad's sentencing issue in its memorandum.
discussed
Cited "see"
Kevin Thomas Ford v. United States
See United States v. Todaro, 982 F.2d 1025, 1028 (6th Cir.) (per curiam), cert. denied, 113 S.Ct. 2424 (1993). 6 Ford concedes the inapplicability of the sentencing guidelines to his case and so abandons that issue on appeal.
cited
Cited "see"
Hubert Earl Milton v. United States
See United States v. Todaro, 982 F.2d 1025, 1028 (6th Cir.) (per curiam), cert. denied, 113 S.Ct. 2424 (1993). 6 Milton has not raised his sentencing guidelines issue on appeal.
cited
Cited "see"
George F. Cummings v. United States
See United States v. Todaro, 982 F.2d 1025, 1028 (6th Cir.) (per curiam), cert. denied, 113 S.Ct. 2424 (1993).
discussed
Cited "see"
United States v. Richard Harding
See United States v. Todaro, 982 F.2d 1025, 1028 (6th Cir.) (district court lacks jurisdiction to consider Rule 32(d) motion to vacate plea after sentence has been imposed, unless motion is also explicitly brought under Section 2255), cert. denied, 113 S.Ct. 2424 (1993). 8 We note that Harding retains the right to file a motion challenging his conviction and sentence pursuant to Section 2255, and that the government may raise as a defense to any such motion Harding's agreement to waive his right to mount a collateral attack.
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Willie Lee Moore v. United States
See United States v. Todaro, 982 F.2d 1025, 1028 (6th Cir.) (per curiam), cert. denied, 113 S.Ct. 2424 (1993). 7 Non-constitutional claims that could have been raised on direct appeal cannot be raised in a Sec. 2255 motion as such a motion will not do service for a direct appeal.
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Cited "see"
Michael S. Spillan v. United States
See United States v. Todaro, 982 F.2d 1025, 1028 (6th Cir.) (per curiam), cert. denied, 113 S.Ct. 2424 (1993). 6 Spillan's reliance on the Romano decision is misplaced.
discussed
Cited "see"
Halton West v. United States
See United States v. Todaro, 982 F.2d 1025, 1028 (6th Cir.) (per curiam), cert. denied, 113 S.Ct. 2424 (1993). 6 A motion to vacate may be dismissed as an abuse of the writ pursuant to Rule 9(b), Rules Governing Section 2255 Proceedings, if the movant had a prior opportunity to raise his claims and he either deliberately abandoned his claims or, by inexcusable neglect, failed to raise the claims at the prior opportunity.
cited
Cited "see"
Larry Dean Dusenbery v. United States
See United States v. Todaro, 982 F.2d 1025, 1028 (6th Cir.) (per curiam), cert. denied, 113 S.Ct. 2424 (1993).
cited
Cited "see"
Earl Valtman v. United States
See United States v. Todaro, 982 F.2d 1025, 1028 (6th Cir.) (per curiam), cert. denied, 113 S.Ct. 2424 (1993).
discussed
Cited "see"
Willie J. Williams v. United States
See United States v. Todaro, 982 F.2d 1025, 1028 (6th Cir.) (per curiam), cert. denied, 113 S.Ct. 2424 (1993). 6 Williams is not entitled to review under Sec. 2255 of claims he could have presented on direct appeal unless he demonstrates cause for and actual prejudice from his failure to do so.
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Cited "see"
George Katsakis v. United States
See United States v. Todaro, 982 F.2d 1025, 1028 (6th Cir.) (per curiam), cert. denied, 113 S.Ct. 2424 (1993). 5 Katsakis's sentencing issue is not cognizable in this collateral action.
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Cited "see"
William E. Moseley, Sr. v. United States
See United States v. Todaro, 982 F.2d 1025, 1028 (6th Cir.) (per curiam), cert. denied, 113 S.Ct. 2424 (1993).
cited
Cited "see"
United States v. Kenneth Waters
See United States v. Todaro, 982 F.2d 1025, 1028 (6th Cir.) (per curiam), cert. denied, 113 S.Ct. 2424 (1993); United States v. Davis, 954 F.2d 182, 184 (4th Cir.1992).
Retrieving the full opinion text from the archive…
Swann
v.
Singleton, Warden
v.
Singleton, Warden
No. 92-8339.
Supreme Court of the United States.
May 24, 1993.
Published
Citer courts: Sixth Circuit (1)
C. A. 4th Cir. Certiorari denied.