Zoltan Attila Biro v. United States

Opinion by Judge BRUNETTI

Federal prisoner Zoltán Attila Biro (“Biro”) appeals pro se the district court’s denial of his 28 U.S.C. § 2255 motion to vacate, set aside, or correct his sentence which the district court imposed following his plea of guilty to conspiracy to distribute cocaine and distribution of cocaine. We address only Biro’s claim that the district court erred in not advising him of his right to appeal his sentence. We discuss his remaining claims in an unpublished memorandum decision.

FACTS AND PRIOR PROCEEDINGS

Biro was charged with conspiring to distribute cocaine, distributing cocaine during 1987, and distributing cocaine during 1988. Prior to trial, he entered into a plea agreement requiring him to plead guilty to all three counts, forfeit drug-related proceeds, and cooperate with the authorities.

In return, the government agreed not to pursue any other drug charges. Pursuant to Federal Rule of Criminal Procedure 11(e)(1)(C), the parties also agreed that the appropriate disposition of the case would be a range of 151 to 235 months imprisonment. To enable the court to sentence within that range, and in recognition of Biro’s assistance to the government’s…