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

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    John Kennedy Scott appealed the district court's denial of his motions filed under 28 U.S.C.A. § 2255 and 28 U.S.C.A. § 2253, seeking post-conviction relief and a certificate of appealability. The Fourth Circuit Court of Appeals dismissed Scott's appeal, finding that he did not make a substantial showing of the denial of a constitutional right. As unpublished opinions are not binding precedent, and the facts and legal arguments were adequately presented in the court materials, the Fourth Circuit dispensed with oral arguments.

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    Filed: 2002-01-11 Precedential Status: Non-Precedential Docket: 01-7259

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    John Kennedy Scott appealed the district court's denial of his motions filed under 28 U.S.C.A. § 2255 and 28 U.S.C.A. § 2253, seeking post-conviction relief and a certificate of appealability. The Fourth Circuit Court of Appeals dismissed Scott's appeal, finding that he did not make a substantial showing of the denial of a constitutional right. As unpublished opinions are not binding precedent, and the facts and legal arguments were adequately presented in the court materials, the Fourth Circuit dispensed with oral arguments.

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    7 views2 pages

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

    Uploaded by

    Scribd Government Docs
    John Kennedy Scott appealed the district court's denial of his motions filed under 28 U.S.C.A. § 2255 and 28 U.S.C.A. § 2253, seeking post-conviction relief and a certificate of appealability. The Fourth Circuit Court of Appeals dismissed Scott's appeal, finding that he did not make a substantial showing of the denial of a constitutional right. As unpublished opinions are not binding precedent, and the facts and legal arguments were adequately presented in the court materials, the Fourth Circuit dispensed with oral arguments.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 01-7259

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    JOHN KENNEDY SCOTT, a/k/a Michael Webb,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, District Judge.
    (CR-99-125, CA-00-843)

    Submitted:

    October 10, 2001

    Decided:

    January 11, 2002

    Before LUTTIG, TRAXLER, and GREGORY, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    John Kennedy Scott, Appellant Pro Se. Robert E. Trono, Assistant
    United States Attorney, Richmond, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    John Kennedy Scott seeks to appeal the district courts orders
    denying his motions filed under 28 U.S.C.A. 2255 (West Supp.
    2001) and 28 U.S.C.A. 2253 (West Supp. 2001).

    Because Scott has

    not made a substantial showing of the denial of a constitutional


    right, we deny a certificate of appealability and dismiss the
    appeal. 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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