U.S. v. Manns
| Decision Date | 13 July 1995 |
| Docket Number | No. 94-6305,94-6305 |
| Citation | 61 F.3d 904,1995 WL 418315 |
| Parties | NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit. UNITED STATES of America, Plaintiff-Appellee, v. Tony MANNS, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Before: MILBURN and BATCHELDER, Circuit Judges, and TODD, District Judge. *
Tony Manns appeals his judgment of conviction and sentence. The case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R. App. P. 34(a).
Manns was charged in a multiple count indictment with robbing two pharmacies. Subsequently, a jury found him guilty of one count of conspiracy to possess with intent to distribute Schedule II controlled substances in violation of 21 U.S.C. Sec. 846, two counts of possession of Schedule II narcotics with intent to distribute in violation of 21 U.S.C. Sec. 841(a)(1), two counts of entering with intent to steal controlled substances in violation of 18 U.S.C. Sec. 2118(b), and two counts of using and carrying a firearm in relation to a drug trafficking crime in violation of 18 U.S.C. Sec. 924(c)(1). He was sentenced to a total of 455 months of imprisonment.
On appeal, Manns's counsel has filed a motion to withdraw and a brief pursuant to Anders v. California, 386 U.S. 738 (1967). Manns has filed his own pro se appellate brief.
Upon review, we conclude that the district court properly sentenced Manns on his second weapons conviction under 18 U.S.C. Sec. 924(c)(1). A second conviction for committing a crime of violence, even if charged in a single proceeding, can amount to the necessary "second or subsequent conviction" under 18 U.S.C. Sec. 924(c)(1). Deal v. United States, 113 S. Ct. 1993, 1995-96 (1993); United States v. Camps, 32 F.3d 102, 109 (4th Cir. 1994), cert. denied, 115 S. Ct. 1118 (1995); United States v. Livingston, 941 F.2d 431, 435-36 (6th Cir. 1991). Here, because the two weapons convictions were for separate offenses, the district court properly sentenced Manns to twenty years on the second or subsequent conviction.
Additionally, Manns has not raised any issues warranting reversal of his conviction or sentence. Manns's claim that he received ineffective assistance of counsel is not cognizable on direct appeal. This claim has three aspects. Manns first argues that the district court should have permitted him to substitute counsel, prior to trial, because counsel was incapable of providing him with an effective defense. Second, Manns states that, during trial, counsel was ineffective...
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