10-10505•USA vs. David Harrell, aka Bruce Davis, aka David Smith, aka James Davis, aka David Johnson, aka Robbin Hood, aka Lil' Dave, aka Bruce Smith, aka Bruce Kelley, aka Darren Johnson
10-10505Court of Appeals for the Eleventh Circuit26 de jul. de 2010
FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
JULY 26, 2010
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 10-10505
Non-Argument Calendar
________________________
D.C. Docket No. 1:96-cr-00022-PAS-2
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DAVID HARRELL,
a.k.a. Bruce Davis,
a.k.a. David Smith,
a.k.a. James Davis,
a.k.a. David Johnson,
a.k.a. Robbin Hood,
a.k.a. Lil’ Dave,
a.k.a. Bruce Smith,
a.k.a. Bruce Kelley,
a.k.a. Darren Johnson,
Defendant - Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(July 26, 2010)
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Before TJOFLAT, WILSON and PRYOR, Circuit Judges.
PER CURIAM:
David Harrell, a federal inmate, appeals pro se the denial of his two motions
to correct alleged errors in his sentence for conspiring to commit robbery, robbery,
and being a felon in possession of a firearm. Fed. R. Crim. P. 36. We affirm.
Harrell’s arguments are barred from review. Harrell’s arguments that he did
not receive credit for time served and that he should not pay restitution while
incarcerated have been rejected by a sister circuit in a previous collateral
proceeding. Harrell v. Rivera, No. 08-8105 (4th Cir. Jan. 26, 2009) (unpublished).
Harrell’s arguments are barred by res judicata. See Ragsdale v. Rubbermaid, Inc.,
193 F.3d 1235, 1238 (11th Cir. 1999).
We AFFIRM the denial of Harrell’s motions.
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