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  • United States v. Withers, 4th Cir. (2003)

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    1) Virgil Avery Withers appealed a district court order denying his motion for relief under 28 U.S.C. § 2255, which allows prisoners to challenge their sentences. 2) The Fourth Circuit Court of Appeals reviewed the record and agreed with the district court's reasons for denying Withers' motion. 3) The Fourth Circuit determined that Withers did not make a substantial showing that his constitutional rights were denied, so it denied a certificate of appealability and dismissed the appeal.

    Original Description:

    Filed: 2003-02-10 Precedential Status: Non-Precedential Docket: 02-7569

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    1) Virgil Avery Withers appealed a district court order denying his motion for relief under 28 U.S.C. § 2255, which allows prisoners to challenge their sentences. 2) The Fourth Circuit Court of Appeals reviewed the record and agreed with the district court's reasons for denying Withers' motion. 3) The Fourth Circuit determined that Withers did not make a substantial showing that his constitutional rights were denied, so it denied a certificate of appealability and dismissed the appeal.

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    United States v. Withers, 4th Cir. (2003)

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    Scribd Government Docs
    1) Virgil Avery Withers appealed a district court order denying his motion for relief under 28 U.S.C. § 2255, which allows prisoners to challenge their sentences. 2) The Fourth Circuit Court of Appeals reviewed the record and agreed with the district court's reasons for denying Withers' motion. 3) The Fourth Circuit determined that Withers did not make a substantial showing that his constitutional rights were denied, so it denied a certificate of appealability and dismissed the appeal.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-7569

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    VIRGIL AVERY WITHERS,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh. Terrence W. Boyle, Chief
    District Judge. (CR-00-122-BO, CA-01-987-5-BO)

    Submitted:

    January 27, 2003

    Decided:

    February 10, 2003

    Before WILKINS, WILLIAMS, and MICHAEL, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Virgil Avery Withers, Appellant Pro Se. Rudolf A. Renfer, Jr.,


    Assistant United States Attorney, Raleigh, North Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Virgil Avery Withers seeks to appeal the district courts
    order denying relief on his motion filed under 28 U.S.C. 2255
    (2000).
    stated

    We have reviewed the record and conclude for the reasons


    by

    the

    district

    court

    that

    Withers

    has

    not

    made

    substantial showing of the denial of a constitutional right.


    United

    States

    v.

    Withers,

    (E.D.N.C. July 31, 2002).

    Nos.

    CR-00-122-BO;

    See

    CA-01-987-5-BO

    Accordingly, we deny a certificate of

    appealability and dismiss the appeal.

    See 28 U.S.C. 2253(c)

    (2000). 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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