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.
A defendant who enters a plea of guilty waives all nonjurisdictional challenges to the constitutionality of the conviction, and only an attack on the voluntary and knowing nature of the plea can be sustained.
Bradbury v. Wainwright,
A defendant has a constitutional right to effective assistance of counsel at sentencing.
See Middleton v. Dugger,
Wilson also attacks counsel’s failure to object to the quantity of cocaine calculated at sentencing. The district court based Wilson’s offense level on 400 grams, the amount of cocaine set forth in the P.S.I.
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Wilson claims he repeatedly advised counsel that less than 400 grams was involved, but when he was given an opportunity to speak at the conclusion of the sentencing hearing, Wilson himself said only that he was sorry. The real problem with Wilson’s argument, however, is that he has not suggested any factual basis upon which counsel could have relied in making such a challenge. “Conclusory allegations of ineffective assistance are insufficient.”
United States v. Lawson,
The dismissal of Wilson’s motion by the district court is AFFIRMED.
Notes
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,
