John D. Guthrie, 35010 v. United States

OPINION

Before CARTER, WRIGHT and WALLACE, Circuit Judges. EUGENE A. WRIGHT, Circuit Judge:

This is an appeal from the denial of a motion to vacate, set aside, or correct sentence under 28 U.S.C.' § 2255. We affirm.

Petitioner was indicted on multiple counts of mail fraud and conspiracy [18 U.S.C. §§ 371 and 1341], involved in an oil company credit card scheme. Upon the advice of appointed counsel, he pleaded guilty to two counts of the indictment in return for the dismissal of the remaining charges.

After eight months of incarceration, he moved to vacate sentence alleging, inter alia, that his…