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    United States v. Allison, 4th Cir. (1998)

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    Kenneth Warren Allison appealed the district court's denial of his motion under 28 U.S.C.A. § 2255 to vacate, set aside, or correct his sentence. The Fourth Circuit Court of Appeals reviewed the record and found no reversible error in the district court's ruling. As such, the appeals court denied Allison a certificate of appealability and dismissed the appeal. However, to the extent Allison challenged the forfeiture of his personal property, the dismissal was without prejudice for him to file a motion for return of seized property under Rule 41(e) of the Federal Rules of Criminal Procedure.

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    United States v. Allison, 4th Cir. (1998)

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    Kenneth Warren Allison appealed the district court's denial of his motion under 28 U.S.C.A. § 2255 to vacate, set aside, or correct his sentence. The Fourth Circuit Court of Appeals reviewed the record and found no reversible error in the district court's ruling. As such, the appeals court denied Allison a certificate of appealability and dismissed the appeal. However, to the extent Allison challenged the forfeiture of his personal property, the dismissal was without prejudice for him to file a motion for return of seized property under Rule 41(e) of the Federal Rules of Criminal Procedure.

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    Filed: 1998-10-20 Precedential Status: Non-Precedential Docket: 97-7584

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    Kenneth Warren Allison appealed the district court's denial of his motion under 28 U.S.C.A. § 2255 to vacate, set aside, or correct his sentence. The Fourth Circuit Court of Appeals reviewed the record and found no reversible error in the district court's ruling. As such, the appeals court denied Allison a certificate of appealability and dismissed the appeal. However, to the extent Allison challenged the forfeiture of his personal property, the dismissal was without prejudice for him to file a motion for return of seized property under Rule 41(e) of the Federal Rules of Criminal Procedure.

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    United States v. Allison, 4th Cir. (1998)

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    Kenneth Warren Allison appealed the district court's denial of his motion under 28 U.S.C.A. § 2255 to vacate, set aside, or correct his sentence. The Fourth Circuit Court of Appeals reviewed the record and found no reversible error in the district court's ruling. As such, the appeals court denied Allison a certificate of appealability and dismissed the appeal. However, to the extent Allison challenged the forfeiture of his personal property, the dismissal was without prejudice for him to file a motion for return of seized property under Rule 41(e) of the Federal Rules of Criminal Procedure.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 97-7584

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    KENNETH WARREN ALLISON,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Chief District
    Judge. (CR-90-446-A, CA-97-649-AM)

    Submitted:

    September 29, 1998

    Decided:

    October 20, 1998

    Before WILKINS, NIEMEYER, and LUTTIG, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    Kenneth Warren Allison, Appellant Pro Se. Bernard James Apperson,
    III, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia,
    for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Kenneth Warren Allison seeks to appeal the district courts
    order denying his motion filed under 28 U.S.C.A. 2255 (West 1994
    & Supp. 1998). We have reviewed the record and the district courts
    opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning
    of the district court. United States v. Allison, Nos. CR-90-446-A;
    CA-97-649-AM (E.D. Va. Sept. 29, 1997). To the extent that Allison
    challenged the forfeiture of his personal property, however, we
    note that the dismissal is without prejudice to his filing of a
    motion for return of seized property pursuant to Fed. R. Crim. P.
    41(e). 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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