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  • United States v. Leroy Avery, 862 F.2d 870, 4th Cir. (1988)

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    Leroy Avery appealed a district court's denial of relief under 28 U.S.C. Sec. 2255. The Fourth Circuit Court of Appeals affirmed the district court's ruling, finding the appeal to be without merit. The Fourth Circuit dispensed with oral argument, as the facts and legal issues were adequately presented in the case materials. The Fourth Circuit affirmed the district court's reasoning for denying Avery's request for relief as explained in its May 5, 1988 order.

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    Filed: 1988-11-17 Precedential Status: Non-Precedential Citations: 862 F.2d 870 Docket: 88-6766

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    Leroy Avery appealed a district court's denial of relief under 28 U.S.C. Sec. 2255. The Fourth Circuit Court of Appeals affirmed the district court's ruling, finding the appeal to be without merit. The Fourth Circuit dispensed with oral argument, as the facts and legal issues were adequately presented in the case materials. The Fourth Circuit affirmed the district court's reasoning for denying Avery's request for relief as explained in its May 5, 1988 order.

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    United States v. Leroy Avery, 862 F.2d 870, 4th Cir. (1988)

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    Leroy Avery appealed a district court's denial of relief under 28 U.S.C. Sec. 2255. The Fourth Circuit Court of Appeals affirmed the district court's ruling, finding the appeal to be without merit. The Fourth Circuit dispensed with oral argument, as the facts and legal issues were adequately presented in the case materials. The Fourth Circuit affirmed the district court's reasoning for denying Avery's request for relief as explained in its May 5, 1988 order.

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    of 1

    862 F.

    2d 870
    Unpublished Disposition

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    UNITED STATES of America, Plaintiff-Appellee,
    v.
    Leroy AVERY, Defendant-Appellant.
    No. 88-6766.

    United States Court of Appeals, Fourth Circuit.


    Submitted: Oct. 24, 1988.
    Decided: Nov. 17, 1988.

    Leroy Avery, appellant pro se.


    Beth Perovich Gesner (Office of the United States Attorney), for appellee.
    Before CHAPMAN and WILKINS, Circuit Judges, and BUTZNER,
    Senior Circuit Judge.
    PER CURIAM:

    Leroy Avery appeals from the district court's order refusing relief under 28
    U.S.C. Sec. 2255. Our review of the record and the district court's opinion
    discloses that this appeal is without merit. Accordingly, we affirm on the
    reasoning of the district court. U.S. v. Avery, C/R No. 81-158-Y; C/A No. 88826-Y (D.Md. May 5, 1988). 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.

    AFFIRMED.

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