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  • United States v. Randall, 4th Cir. (2002)

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    The United States Court of Appeals for the Fourth Circuit dismissed Gerome Randall's appeal of a district court order that granted the government's motion to dismiss his 28 U.S.C. § 2255 motion. The appellate court reviewed the record and found no reversible error in the district court's opinion. The court denied Randall a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning that Randall's due process claim was meritless because he could not establish a violation of his rights from the jury's use of a general verdict to convict him of drug crimes involving a single controlled substance.

    Original Description:

    Filed: 2002-08-05 Precedential Status: Non-Precedential Docket: 02-6429

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    The United States Court of Appeals for the Fourth Circuit dismissed Gerome Randall's appeal of a district court order that granted the government's motion to dismiss his 28 U.S.C. § 2255 motion. The appellate court reviewed the record and found no reversible error in the district court's opinion. The court denied Randall a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning that Randall's due process claim was meritless because he could not establish a violation of his rights from the jury's use of a general verdict to convict him of drug crimes involving a single controlled substance.

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    7 views2 pages

    United States v. Randall, 4th Cir. (2002)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Gerome Randall's appeal of a district court order that granted the government's motion to dismiss his 28 U.S.C. § 2255 motion. The appellate court reviewed the record and found no reversible error in the district court's opinion. The court denied Randall a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning that Randall's due process claim was meritless because he could not establish a violation of his rights from the jury's use of a general verdict to convict him of drug crimes involving a single controlled substance.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-6429

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    GEROME MONTREAL RANDALL,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at New Bern.
    Malcolm J. Howard,
    District Judge. (CR-95-58, CA-00-200-4-H)

    Submitted:

    July 19, 2002

    Decided:

    August 5, 2002

    Before LUTTIG, MICHAEL, and KING, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    Gerome Montreal Randall, Appellant Pro Se.
    John Stuart Bruce,
    United States Attorney, Raleigh, North Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Gerome Montreal Randall seeks to appeal the district courts
    order granting the Governments motion to dismiss his 28 U.S.C.A.
    2255 (West Supp. 2002) motion.
    the

    district

    courts

    opinion

    We have reviewed the record and


    and

    find

    no

    reversible

    error.

    Accordingly, we deny a certificate of appealability and dismiss the


    appeal substantially on the reasoning of the district court. United
    States v. Randall, Nos. CR-95-58; CA-00-200-4-H (E.D.N.C. Apr. 3,
    2001).*

    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

    Randalls due process claim is meritless because he cannot


    establish his rights were violated by the jurys use of a general
    verdict to convict him of drug crimes involving only one type of
    controlled substance.
    2

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