Testo completo
NOT PRECEDENTIAL
THE UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 01-2818
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UNITED STATES OF AMERICA
vs.
JOHN DAVIS a/k/a John Davis-Bey
Appellant.
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ON APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
(D.C. Criminal No. 99-cr-00638)
District Judge: The Honorable Harvey Bartle, III
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Submitted Under Third Circuit LAR 34.1(a)
April 19, 2002
BEFORE: NYGAARD, AMBRO, and KRAVITCH, Circuit Judges.
(Filed May 17, 2002)
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OPINION OF THE COURT
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NYGAARD, Circuit Judge.
Appellant, John Davis, argues on appeal that his counsel was ineffective for
failing to request a downward adjustment under U.S.S.G 3B1.3. He argues that he was
a minor participant in the conspiracy. Appellant also argues that his counsel was
ineffective for failing to object to a two-level upward adjustment for the possession and
use of a special skill. Because both of these arguments raise issues of fact that must first
be resolved by the District Court, we conclude that neither issue is ripe for appeal.
Government of the Virgin Islands v. Forte, 806 F.2d 73, (3d Cir. 1986) (An appellant may
not raise ineffective assistance of counsel in a direct appeal when there is an insufficient
record for appellate review.) Accordingly, we will dismiss the appeal.
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TO THE CLERK:
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Please file the foregoing opinion.
/s/ Richard L. Nygaard
Circuit Judge
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