United States v. Acklen

Acklen pleaded guilty to distribution of methamphetamine and conspiring to manufacture methamphetamine and was sentenced on the basis of d-methamphetamine. His motion under 28 U.S.C. § 2255 was denied by the district court; and we vacated that judgment and remanded. 1 On remand, the district court again denied relief. We affirm.

Originally Acklen claimed trial counsel was ineffective for failure to contend at sentencing that the drug involved was 1-metham-phetamine and not d-methamphetamine. He made only conclusory allegations however. We remanded stating:

On remand, Acklen should tender some…