ELZY v. U.S.

No. 98-6223.

205 F.3d 882 (2000)

Arthur Charles ELZY, Jr., Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 1, 2000.


Attorney(s) appearing for the Case

Thomas M. Dawson (argued), David V. Ayres (briefed), Leavenworth, Kansas, for Appellant.

James A. Earhart (argued and briefed), Terry M. Cushing (briefed), Assistant United States Attorneys, Louisville, Kentucky, for Appellee.

Before: NELSON, BOGGS, and BATCHELDER, Circuit Judges.


OPINION

BATCHELDER, Circuit Judge.

Defendant-Appellant Arthur Charles Elzy appeals from the district court's order denying his 28 U.S.C. § 2255 motion to vacate his sentence. Elzy's motion claims that the Government breached the terms of the written plea agreement pursuant to which he was convicted and sentenced, a claim Elzy did not raise either at sentencing or on direct appeal. The district court denied...

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