United States v. Sharkey

BRISCOE, Circuit Judge.

Defendant-Appellant Patrick O. Shar-key entered a guilty plea to one count of distribution of cocaine base (i.e., “crack” cocaine) within one thousand feet of a school, in violation of 21 U.S.C. §§ 841(a)(1) and 860(a), and was sentenced to 188 months in prison. Although his plea agreement reserved his right to appeal certain determinations regarding sentencing, Sharkey did not appeal his sentence. Sharkey filed a motion to vacate his sentence pursuant to 28 U.S.C. § 2255, but it was dismissed as untimely.

Sharkey, proceeding pro se, now contends the district court erred…