United States v. Mark Edward Currie

Appellant appeals from an order of the district court denying his 28 U.S.C. § 2255 motion to set aside a judgment of conviction on two counts of knowingly and intentionally distributing cocaine in violation of 21 U.S.C. § 841 (a)(1). We affirm.

ISSUES

I. Did the district court commit plain error by allowing in evidence testimony of similar prior criminal activity of appellant for which he was never convicted?

II. Was appellant denied his constitutional right to the effective assistance of counsel?

I.

This issue, couched in different language, was decided adversely to appellant in his direct appeal from the judgment of conviction. In the memorandum of this court filed March 10, 1975, affirming the conviction, we said:

Issues disposed of on a previous direct appeal are not reviewable in a subsequent § 2255 proceeding. Odom v. United States, 455 F.2d 159, 160 (CA 9 1972); Stein v. United States, 390 F.2d 625, 626 (CA 9 1968); Medrano v. United States, 315 F.2d 361, 362 (CA 9 1963). The fact that the issue may be stated in different terms is of no significance. Sanders v. United States, 373 U.S. 1, 16 , 83 S.Ct. 1068 , 10 L.Ed.2d 148 (1963). We are bound by the previous decision…