Yvonne May Richards vs USA

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
DECEMBER 29, 2010
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 10-10694
Non-Argument Calendar
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D.C. Docket Nos. 0:09-cv-61871-WPD,
0:06-cr-60186-WPD-3
YVONNE MAY RICHARDS,
lllllllllllllllllllll Petitioner - Appellant,
versus
UNITED STATES OF AMERICA,
lllllllllllllllllllllRespondent - Appellee.
________________________
Appeal from the United States District Court
for the Southern District of Florida
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(December 29, 2010)
Before BLACK, WILSON and PRYOR, Circuit Judges.
PER CURIAM:

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Yvonne May Richards appeals pro se the denial of her motion to vacate.
28 U.S.C. § 2255. Richards argues that her appellate attorney was ineffective for
failing to file a petition for a writ of certiorari in the Supreme Court and she is
entitled to relief from her conviction for conspiracy to launder money, 18 U.S.C. §
1956(h), based on the decision of the Supreme Court in United States v. Santos,
553 U.S. 507, 128 S. Ct. 2020 (2008). We affirm.
Both of Richards’s arguments are foreclosed by caselaw. Richards’s
appellate attorney cannot be deemed to have acted ineffectively for failing to file a
petition for a writ of certiorari, Wainwright v. Torna, 455 U.S. 586, 587–88, 102
S. Ct. 1300, 1301 (1982), because there is no right under the Sixth Amendment to
counsel to pursue a discretionary application for review in the Supreme Court,
Ross v. Moffitt, 417 U.S. 600, 616–18, 94 S. Ct. 2437, 2447 (1974). The decision
of the Supreme Court in Santos that “the gross receipts of an unlicensed gambling
operation were not ‘proceeds’ under section 1956,” United States v. Demarest, 570
F.3d 1232, 1242 (11th Cir. 2009), does not invalidate Richards’s conviction for
laundering money acquired from health care fraud. See United States v. Jennings,
599 F.3d 1241, 1252 (11th Cir. 2010); Demarest, 570 F.3d at 1242. The district
court did not err by denying Richards’s motion to vacate.
AFFIRMED.
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