MELO

v.

UNITED STATES

Citator

Cited By

• Ocie Mills v. United States, 36 F.3d 1052 (11th Cir. 1994)
  …riminal conviction or sentence must be advanced on direct appeal or else it will be considered procedurally barred in a § 2255 proceeding. See Greene v. United States, 880 F. 2d 1299, 1305 (11th Cir.1989) (and the cases cited therein), cert. denied, 494 U.S. 1018, 110 S.Ct. 1322, 108 L.Ed.2d 498 (1990). A ground of error is usually “available” on direct appeal when its merits can be reviewed without further factual development. Compare United States v. Arango, 853 F. 2d 818, 823 (11th Cir.1988) (an allegat…
• Nnadi v. Richter, 976 F.2d 682 (11th Cir. 1992)
  …ons involving illicit drugs. United States v. $41,305 in Currency & Traveler’s Checks, 802 F. 2d 1339, 1343 (11th Cir.1986). Although this connection need only be indirect, United States v. Rivera, 884 F. 2d 544, 546 (11th Cir.1989), cert. denied, 494 U.S. 1018, 110 S.Ct. 1322, 108 L.Ed.2d 497 (1990), a car is considered directly involved when it is used to transport an individual to the place where a drug transaction takes place even though it is not used to transport money or drugs. United States v. One…
• United States v. Cash, 47 F.3d 1083 (11th Cir. 1995)
  …833-36, 95 S.Ct. 2525, 2540-42, 45 L.Ed.2d 562 (1975). Whether a waiver of counsel is knowing and intelligent is a mixed question of law and fact which we review de novo. Greene v. United States, 880 F. 2d 1299, 1303 (11th Cir.1989), cert. denied, 494 U.S. 1018, 110 S.Ct. 1322, 108 L.Ed.2d 498 (1990). On direct appeal, the government bears the burden of proving the validity of the waiver. Id. at 1303, n. 6. Before being allowed to waive the benefit of counsel, an accused “should be made aware of the dang…