UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v. No. 96-7780

BERNADELL MANAGO, a/k/a Heaven,

Defendant-Appellant.

Appeal from the United States District Court

for the Eastern District of North Carolina, at Raleigh.

James C. Fox, Chief District Judge.

(CR-91-14-F, CA-96-720-5-F)

Submitted: May 30, 1997

Decided: June 18, 1997

Before MURNAGHAN, HAMILTON, and WILLIAMS,

Circuit Judges.

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Dismissed by unpublished per curiam opinion.

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COUNSEL

Bernadell Manago, Appellant Pro Se. Bruce Charles Johnson,

OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North

Carolina, for Appellee.

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Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).
OPINION

PER CURIAM:

Appellant seeks to appeal the district court's order denying her

motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1997).

Pursuant to a plea agreement, Appellant pled guilty in 1991 to conspiracy to distribute crack cocaine. She appealed her sentence to this

court and we affirmed. United States v. Ellis , 975 F.2d 1061 (4th Cir.

1992).

Appellant first contends that she should have received an additional

one point reduction in her base offense level for acceptance of responsibility, and an additional reduction because she was a minor participant. Non-constitutional claims such as these, however, which could

have been raised on direct appeal, but were not, may not be asserted

in a collateral proceeding. United States v. Emanuel, 869 F.2d 795,

796 (4th Cir. 1989). These claims were therefore properly dismissed.

Appellant next maintains that she should have received a downward departure in sentencing for serious coercion and duress. The

record discloses, however, that Appellant did in fact receive such a

departure. This contention is thus also meritless. Appellant also

asserts that the actual amount of drugs should have been used to calculate her base offense offense level. A review of our opinion in Ellis

reveals that we already considered and rejected this contention. We

therefore will not reconsider the issue on collateral review. See

Boeckenhaupt v. United States, 537 F.2d 1182, 1183 (4th Cir. 1976).

Appellant next claims that her attorney was ineffective because his

office was too far away from where she was incarcerated and because

he never informed her of her right to appeal. After a close review of

the record, we find this claim to be without merit because Appellant

cannot show that her attorney was incompetent. See Strickland v.

Washington, 466 U.S. 668, 687-94 (1984); see also Hill v. Lockhart,

474 U.S. 52 (1985). Moreover, absent extraordinary circumstances, a

defendant pleading guilty need not be informed of the right to appeal.

See Carey v. Leverette, 605 F.2d 745, 746 (4th Cir. 1979).

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Appellant also contends that she was never informed at her sentencing hearing of the right to appeal pursuant to Fed. R. Crim. P.

32(a)(2), and that she should have been given her own unconsolidated

appeal of right. As the record demonstrates that Appellant did appeal

on numerous grounds which were fully addressed by this court, we

find these claims to be meritless.

Finally, Appellant maintains that her rights under the Speedy Trial

Act were violated because of the length of time that passed from the

time she was taken into custody and then indicted. This claim lacks

merit, however, because the failure to move for dismissal on this basis

prior to trial or a plea of guilty constitutes a waiver of that right under

the Act. 18 U.S.C. § 3162(a)(2) (1994).

Accordingly, we deny a certificate of appealability and dismiss the

appeal. We dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before the court

and argument would not aid the decisional process.

DISMISSED

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