United States v. Ricky Kevin Smith

Ricky Kevin Smith (Smith) appeals the final judgment of the district court denying his habeas corpus motion to vacate or set aside his sentence. Smith contends that his sentence should be vacated because he was convicted and sentenced under the wrong statute and because in agreeing to a guilty plea he received ineffective assistance of counsel in violation of the sixth and fourteenth amendments. Finding no reversible error, we affirm.

On October 13, 1987, a federal grand jury returned a two-count indictment against Smith. The indictment charged Smith with uttering a forged United States…