Timothy Paul Harvey, David Allen Harvey, and James Loren Harvey v. United States

HEANEY, Circuit Judge.

I. INTRODUCTION

Three brothers, Timothy, James, and David Harvey, filed motions in district court pursuant to 28 U.S.C. § 2255, seeking to set aside guilty pleas. They claim: the guilty pleas were taken in violation of Rule 11 of the Rules of Criminal Procedure and not voluntarily and knowingly made; they received ineffective assistance from their court-appointed counsel; and their guilty pleas would not have been entered but for their lack of knowledge, and the ineffective assistance and coercion of trial counsel. After an evidentiary hearing, the district court denied…