Clarence Eugene Middlebrooks, Jr. v. United States

TUTTLE, Circuit Judge:

This appeal from the denial of a federal prisoner’s motion to vacate his sentence under 28 U.S.C. § 2255 presents the question whether this Court’s apparent reliance on erroneous information contained in the government’s brief so affected its decision to affirm the defendant’s conviction on direct appeal that the defendant was denied due process of law. We affirm the denial of the defendant’s section 2255 motion.

The defendant, Clarence Eugene Mid-dlebrooks, Jr., was convicted of sixteen (16) counts of mail fraud in violation of 18 U.S.C. § 1341, following a jury trial in…