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

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    This document summarizes a United States Court of Appeals case in which James Edward Smith Jr. sought to appeal the district court's denial of his motion under 28 U.S.C.A. § 2255. The appellate court reviewed the district court's decision and found no reversible error. Accordingly, the appellate court denied a certificate of appealability and dismissed Smith's appeal, agreeing with the reasoning provided by the district court in its denial of Smith's § 2255 motion.

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    Filed: 2002-02-22 Precedential Status: Non-Precedential Docket: 01-7601

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    This document summarizes a United States Court of Appeals case in which James Edward Smith Jr. sought to appeal the district court's denial of his motion under 28 U.S.C.A. § 2255. The appellate court reviewed the district court's decision and found no reversible error. Accordingly, the appellate court denied a certificate of appealability and dismissed Smith's appeal, agreeing with the reasoning provided by the district court in its denial of Smith's § 2255 motion.

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    4 views2 pages

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

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case in which James Edward Smith Jr. sought to appeal the district court's denial of his motion under 28 U.S.C.A. § 2255. The appellate court reviewed the district court's decision and found no reversible error. Accordingly, the appellate court denied a certificate of appealability and dismissed Smith's appeal, agreeing with the reasoning provided by the district court in its denial of Smith's § 2255 motion.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 01-7601

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    JAMES EDWARD SMITH, JR., a/k/a Ezay,
    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-95-39, CA-01-481-5-BO)

    Submitted:

    February 14, 2002

    Decided:

    February 22, 2002

    Before WIDENER, LUTTIG, and GREGORY, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    James Edward Smith, Jr., 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:
    James Edward Smith, Jr., seeks to appeal the district courts
    order denying his motion filed under 28 U.S.C.A. 2255 (West Supp.
    2001).

    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. Smith, Nos. CR-95-39; CA-01-

    481-5-BO (E.D.N.C. filed Sept. 28, 2001; entered Oct. 1, 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

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