James Jeffrey Grady v. United States

James Jeffrey Grady, a federal prisoner, appeals pro se the district court’s denial of his motion brought pursuant to 28 U.S.C. § 2255 . The district court held that Grady’s claims were covered by § 2255 but denied the motion without an evidentiary hearing. We affirm.

I

On May 26, 1987, Grady was charged with two counts of bank robbery, in violation of 18 U.S.C. § 2113 (a). The same day, he pleaded guilty to both counts. On July 16, 1987, a district judge in the United States District Court, District of Oregon, sentenced Grady to a twelve-year suspended sentence and five years probation. The suspended sentence and probation were conditioned on Grady completing a residential drug treatment program.

On October 22, 1987, Grady was discharged from his drug treatment program before its completion for noncompliance with program rules and policies. On January 10, 1988, the district court revoked Grady’s suspended sentence and probation on the ground that Grady had failed to complete the drug treatment program. The district court sentenced Grady to ten years imprisonment.

On May 6, 1988, Grady moved to reduce his sentence under Fed.R.Crim.P. 35(b). The district court denied the motion…