LOTT

v.

UNITED STATES

Citator

Cited By

• United States v. Saucedo, 950 F.2d 1508 (10th Cir. 1991)
  …etitioner's claim that counsel was ineffective for failing to litigate alleged deprivation of constitutional rights did not preserve issue for appeal of counsel’s ineffectiveness in adequately advising petitioner prior to guilty plea), cert. denied, 479 U.S. 1039, 107 S.Ct. 897, 93 L.Ed.2d 848 (1987). . The Ninth Circuit has stated that its consideration of offense specific conduct in mitigating role adjustments while considering all relevant conduct in aggravating role adjustments "furthers the goals of se…
• Woods v. Whitley, 933 F.2d 321 (5th Cir. 1991)
  …alleged a fourth amendment claim challenging Woods’s arrest and the subsequent search and seizure of items, but, on appeal, he has abandoned that issue and we need not address it. Beasley v. McCotter, 798 F. 2d 116, 118 (5th Cir.1986), cert. denied, 479 U.S. 1039, 107 S.Ct. 897, 93 L.Ed.2d 848 (1987). We would have been precluded from reviewing it. in any event under Stone v. Powell, 428 U.S. 465, 96 S.Ct. 3037, 49 L.Ed.2d 1067 (1976). .There is no reason to infer that McCleskey changed our previous rule th…
• Anderson v. Butler, 886 F.2d 111 (5th Cir. 1989)
  …m — that he was improperly denied counsel of his [*113] choice at the 1965 trial — in his application to this court for a certificate of probable cause, so we hold he has abandoned it. Beasley v. McCotter, 798 F. 2d 116 (5th Cir.1986), cert, denied, 479 U.S. 1039, 107 S.Ct. 897, 93 L.Ed.2d 848 (1987). Ill Rule 11 of the Rules Governing § 2254 Cases provides that the Federal Rules of Civil Procedure may be applied to § 2254 petitions, “to the extent that they are not inconsistent with these rules.” In deter…