United States v. Mohammed Rizwan Ali Khan

BARRETT, Senior Circuit Judge.

Mohammed Rizwan Ali Khan (Khan) appeals from an order of the district court adopting the findings and recommendations of the United States Magistrate and dismissing Khan’s 28 U.S.C. § 2255 motion to vacate and set aside his judgment and sentence. A detailed recitation of the case history will facilitate our review.

Khan was indicted on February 16, 1983, charged with one count of possession with intent to distribute and one count of distribution of monoacetylmorphine (heroin) in violation of 21 U.S.C. § 841(a)(1). Following a three day trial, the jury found Khan…