Parker
United States v. Parker
Opinion
Lead Opinion
MEMORANDUM **
Defendant Richard Wayne Parker appeals from the denial of his motion pursuant to 28 U.S.C. § 2255 to vacate, set aside, or correct his conviction and sentence. Parker was convicted in his first trial of one count of filing a false tax return, 26 U.S.C. § 7206 (1), and in his second trial of one count of conspiracy to possess cocaine, 21 U.S.C. § 846 , and three counts of possession with intent to distribute cocaine, 21 U.S.C. § 841 (a). 1 His *584 § 2255 motion and this appeal allege ineffective assistance of counsel on the basis of numerous errors made by his trial attorney during both of these proceedings. Parker also contends that his appellate counsel, on direct appeal from his second trial, provided ineffective assistance. We affirm the district court’s denial of his motion.
I.
In July of 1997, 295 kilograms of cocaine were stolen from a Bureau of Narcotics Enforcement (“BNE”) evidence vault. 2 Parker was one of approximately ten law enforcement personnel who had the key and alarm code allowing entry into the vault. Investigators determined that three types of cocaine had been stolen from the vault—kilograms wrapped in black and yellow rubber, kilograms…