Small v. United States

ORDER

Floyd Small, a pro se federal prisoner, appeals a district court judgment dismissing his motion construed as a hybrid 28 U.S.C. § 2255 motion to vacate, set aside, or correct sentence, and a Fed.R.Crim.P. 35(b) motion to reduce sentence. This case has been referred to a panel of the court pursuant to Rule 34(j)(l), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R.App. P. 34(a).

Without benefit of a written plea agreement, Small pleaded guilty in 1992 to conspiring to possess cocaine with the intent to distribute in…