BURKE v. U.S.

No. 97-3013.

152 F.3d 1329 (1998)

Joseph James BURKE, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 3, 1998.


Attorney(s) appearing for the Case

J. Craig Williams, Jacksonville, FL, for Petitioner-Appellant.

Charles Wilson, U.S. Atty., Peggy Morris Ronca and D. Rodney Brown, Asst. U.S. Attys., Jacksonville, FL, Tamra Phipps, Asst. U.S. Atty., Tampa, FL, for Respondent-Appellee.

Before TJOFLAT, COX and HULL, Circuit Judges.


COX, Circuit Judge:

Joseph James Burke appeals the district court's denial of his 28 U.S.C. § 2255 motion for modification and correction of sentence. We affirm.

BACKGROUND

Burke pleaded guilty to six counts of armed bank robbery in violation of 18 U.S.C. § 2113(a), (d). Two of the six robberies took place after the effective date of the sentencing guidelines; Burke was therefore sentenced under the guidelines on those counts. The guideline...

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