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  • United States v. Polk, 4th Cir. (1997)

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    The United States Court of Appeals for the Fourth Circuit dismissed Oscar Theodore Polk III's appeal of a district court order that denied his motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. The appellate court reviewed the record and found no reversible error in the district court's reasoning. It therefore denied Polk a certificate of appealability and dismissed the appeal based on the district court's opinion. The appellate court determined oral arguments were not necessary because the case details were clear in the court materials.

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    Filed: 1997-04-09 Precedential Status: Non-Precedential Docket: 96-7902

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    The United States Court of Appeals for the Fourth Circuit dismissed Oscar Theodore Polk III's appeal of a district court order that denied his motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. The appellate court reviewed the record and found no reversible error in the district court's reasoning. It therefore denied Polk a certificate of appealability and dismissed the appeal based on the district court's opinion. The appellate court determined oral arguments were not necessary because the case details were clear in the court materials.

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    1 views2 pages

    United States v. Polk, 4th Cir. (1997)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Oscar Theodore Polk III's appeal of a district court order that denied his motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. The appellate court reviewed the record and found no reversible error in the district court's reasoning. It therefore denied Polk a certificate of appealability and dismissed the appeal based on the district court's opinion. The appellate court determined oral arguments were not necessary because the case details were clear in the court materials.

    Copyright:

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 96-7902

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    OSCAR THODORE POLK, III,
    Defendant - Appellant.

    Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Robert D. Potter, Senior
    District Judge. (CR-89-31-P, CA-96-308-P)
    Submitted:

    March 25, 1997

    Decided:

    April 9, 1997

    Before WIDENER, HALL, and NIEMEYER, Circuit Judges.


    Dismissed by unpublished per curiam opinion.
    Oscar Theodore Polk, III, Appellant Pro Se. James Michael Sullivan,
    Assistant United States Attorney, Charlotte, North Carolina, for
    Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).

    PER CURIAM:
    Appellant seeks to appeal the district court's order denying
    his motion filed under 28 U.S.C. 2255 (1994), amended by Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104132, 110 Stat. 1214. We have reviewed the record and the district
    court's 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. Polk, No. CR-89-31P, Ca-96-308-P (W.D.N.C. Aug. 29, 1996). 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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