United States v. James Anthony Pruitt

James Anthony Pruitt appeals the denial of his federal habeas corpus action pursuant to 28 U.S.C. § 2255 , attempting to set aside his sentence as imposed in violation of the Constitution of the United States. We affirm the denial of his motion.

PROCEEDINGS

Pruitt was indicted on September 19, 1990 for conspiracy to possess methamphetamine with intent to distribute and for the possession of 177 grams of methamphetamine with intent to distribute. After negotiations on his behalf by his counsel David Cohen, he was the subject of a superseding information filed July 15, 1991 charging him merely with the intent to use a telephone to facilitate a conspiracy to possess methamphetamine with intent to distribute in violation of 21 U.S.C. § 843 (b). On the same date, July 15, 1991, Pruitt entered into an agreement by which he pleaded guilty to the superseding indictment. Among the terms of the plea agreement Pruitt agreed “that he will not appeal whatever sentence is imposed by the court.”

On September 30, 1991, the district court held a sentencing hearing. In accordance with the plea agreement it was agreed that the base offense level was 12. Cohen argued that Pruitt should receive a…