U.S. v. HERRERA

No. 92-6381.

23 F.3d 74 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Luis Mario HERRERA, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 20, 1994.


Attorney(s) appearing for the Case

Thomas Jackson Mitchell, Hunton & Williams, Richmond, VA, argued (Martin J. Barrington, on brief), for appellant.

Barbara D. Kocher, Sp. Asst. U.S. Atty., Raleigh, NC, argued (Margaret Person Currin, U.S. Atty., Eileen G. Coffey, Asst. U.S. Atty., on brief), for appellee.

Before RUSSELL, WIDENER, and HALL, Circuit Judges.


OPINION

DONALD RUSSELL, Circuit Judge:

Defendant Luis Mario Herrera appeals the district court's dismissal of his motion under 28 U.S.C. § 2255 to vacate his sentence. He contends that he is entitled to such relief because an instruction that he asked the district court to give to the jury was erroneous. We find that any error in this jury instruction was explicitly invited by Herrera and, under the invited error doctrine, we affirm.

I.

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