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  • United States v. Martin, 4th Cir. (2001)

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    Tommy Dewey Martin 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 decision. As a result, the appeals court denied Martin a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning. The appeals court dispensed with oral arguments, finding the relevant facts and legal issues were adequately presented in the case materials.

    Original Description:

    Filed: 2001-02-14 Precedential Status: Non-Precedential Docket: 00-7382

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    Tommy Dewey Martin 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 decision. As a result, the appeals court denied Martin a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning. The appeals court dispensed with oral arguments, finding the relevant facts and legal issues were adequately presented in the case materials.

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    12 views2 pages

    United States v. Martin, 4th Cir. (2001)

    Uploaded by

    Scribd Government Docs
    Tommy Dewey Martin 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 decision. As a result, the appeals court denied Martin a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning. The appeals court dispensed with oral arguments, finding the relevant facts and legal issues were adequately presented in the case materials.

    Copyright:

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 00-7382

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    TOMMY DEWEY MARTIN,
    Defendant - Appellant.

    Appeal from the United States District Court for the Western District of Virginia, at Danville. Jackson L. Kiser, Senior District
    Judge. (CR-97-70117-1, CA-00-135-7)

    Submitted:

    February 8, 2001

    Decided:

    February 14, 2001

    Before WILKINS, MOTZ, and TRAXLER, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    Tommy Dewey Martin, Appellant Pro Se. Anthony Paul Giorno, OFFICE
    OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Tommy Dewey Martin seeks to appeal the district courts order
    denying his motion filed under 28 U.S.C.A. 2255 (West Supp.
    2000).

    We have reviewed the record and the district courts opin-

    ion and find no reversible error.

    Accordingly, we deny a certif-

    icate of appealability and dismiss the appeal on the reasoning of


    the district court.

    United States v. Martin, Nos. CR-97-70117-1;

    CA-00-135-7 (W.D. Va. Sept. 6, 2000).


    ment

    because

    the

    facts

    and

    legal

    We dispense with oral argucontentions

    are

    adequately

    presented in the materials before the court and argument would not
    aid the decisional process.

    DISMISSED

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