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2d 996
Wilson, with the aid of retained counsel, entered a guilty plea on charges of
conspiracy to possess with intent to distribute approximately 400 grams of
cocaine, and possession of a firearm by a convicted felon. Wilson then filed the
instant motion to vacate pursuant to 28 U.S.C. 2255. Wilson argues on appeal
that the court erred in summarily denying his petition, and that his counsel was
ineffective.
had heard Wilson's guilty plea and sentenced him, and because the record
before the district court fully reflected the voluntariness of Wilson's plea, the
court did not err in dismissing Wilson's claim, as it involved pre-plea issues,
without conducting an evidentiary hearing.
3
The same amount was alleged in the indictment. The quantity of cocaine
involved is not an element of Wilson's offense but is relevant only to
sentencing, see United States v. Van Hemelryck, 945 F.2d 1493, 1503 (11th
Cir.1991) (quoting United States v. Cross, 916 F.2d 622, 623 (11th Cir.1990),
cert. denied, --- U.S. ----, 111 S.Ct. 1331, 113 L.Ed.2d 263 (1991))