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Christopher L. Bell v. United States
Citations: 73 F.3d 364; 1995 U.S. App. LEXIS 40629; 1995 WL 759469Docket: 94-1289
Court: Court of Appeals for the Seventh Circuit; December 19, 1995; Federal Appellate Court
Petitioner Christopher L. Bell appeals the denial of his postconviction relief motion under 28 U.S.C. § 2255, asserting insufficiency of evidence and ineffective assistance of counsel. He was previously convicted on six counts, including drug distribution and money laundering, and sentenced to 40 years in prison. His appeal affirmed convictions on two counts but reversed on three money laundering counts. In his 1993 motion, Bell claimed insufficient evidence regarding the drug quantity and juvenile involvement, and argued ineffective counsel for failing to challenge sentencing guidelines and presentence report errors. The district court dismissed the motion under Rule 4(b). Under § 2255, relief is granted for jurisdictional or constitutional flaws or a miscarriage of justice. However, it does not serve as a substitute for direct appeal, and arguments not raised on appeal require a showing of cause and prejudice for collateral review. Bell contested the drug quantity attributed to him, particularly regarding evidence found in a trash container. This claim was not permitted in a § 2255 motion since it could have been raised on direct appeal, and Bell failed to demonstrate cause for his default or actual prejudice. Bell contends that his trial counsel was ineffective for not objecting to the evidence related to the kilogram wrapper and baking soda boxes, which were used to determine drug quantity for sentencing. However, the record indicates that counsel did raise objections during sentencing regarding the application of the guidelines. Bell has not demonstrated that counsel's performance fell below the reasonable standard established in Strickland v. Washington. Additionally, Bell claims, for the first time on appeal, that appellate counsel was ineffective for not challenging the sufficiency of the drug quantity evidence and for not arguing that the money laundering convictions tainted the drug conspiracy convictions. He provides no justification for not raising these issues in his initial Section 2255 petition, leading to their dismissal on appeal. The appeal was submitted based solely on the briefs and record, as no party requested oral argument. Bell did not contest one of the arguments on appeal, resulting in a waiver. The court clarified that while the district court believed Bell's challenge regarding drug quantity was resolved on direct appeal, it had not specifically addressed his accountability for the evidence found outside his apartment. The court affirmed the district court's judgment on any grounds supported by the record.