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    United States v. Bailey, 4th Cir. (2004)

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    The United States Court of Appeals for the Fourth Circuit reviewed Darius Bailey's appeal of a district court order denying his post-conviction motion challenging the court's jurisdiction at the time of his conviction. While the district court erred in recharacterizing Bailey's motion over his objection, the appellate court affirmed the denial of the motion, finding the claims made in the motion were without merit based on the record. The appellate court concluded Bailey was not entitled to relief and affirmed the district court's denial of the motion.

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    United States v. Bailey, 4th Cir. (2004)

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    The United States Court of Appeals for the Fourth Circuit reviewed Darius Bailey's appeal of a district court order denying his post-conviction motion challenging the court's jurisdiction at the time of his conviction. While the district court erred in recharacterizing Bailey's motion over his objection, the appellate court affirmed the denial of the motion, finding the claims made in the motion were without merit based on the record. The appellate court concluded Bailey was not entitled to relief and affirmed the district court's denial of the motion.

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    Filed: 2004-09-21 Precedential Status: Non-Precedential Docket: 04-6850

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    The United States Court of Appeals for the Fourth Circuit reviewed Darius Bailey's appeal of a district court order denying his post-conviction motion challenging the court's jurisdiction at the time of his conviction. While the district court erred in recharacterizing Bailey's motion over his objection, the appellate court affirmed the denial of the motion, finding the claims made in the motion were without merit based on the record. The appellate court concluded Bailey was not entitled to relief and affirmed the district court's denial of the motion.

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    Public Domain
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    6 views2 pages

    United States v. Bailey, 4th Cir. (2004)

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    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit reviewed Darius Bailey's appeal of a district court order denying his post-conviction motion challenging the court's jurisdiction at the time of his conviction. While the district court erred in recharacterizing Bailey's motion over his objection, the appellate court affirmed the denial of the motion, finding the claims made in the motion were without merit based on the record. The appellate court concluded Bailey was not entitled to relief and affirmed the district court's denial of the motion.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-6850

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    DARIUS MAURICE BAILEY,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Norfolk. Rebecca Beach Smith, District
    Judge. (CR-96-90; CA-04-239-2)

    Submitted:

    September 8, 2004

    Decided:

    September 21, 2004

    Before SHEDD and DUNCAN, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Affirmed by unpublished per curiam opinion.

    Darius Maurice Bailey, Appellant Pro Se. Robert Joseph Seidel,


    Jr., Assistant United States Attorney, Norfolk, Virginia, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Darius Maurice Bailey appeals the district courts order
    recharacterizing his post-conviction motion as a motion under 28
    U.S.C. 2255 (2000) and denying it as untimely.

    Baileys motion

    challenges the district courts jurisdiction at the time of his


    conviction. Because Bailey timely objected to the district courts
    recharacterization, Bailey was entitled to have the district court
    rule on the merits of [his] motion as filed.

    United States v.

    Emmanuel, 288 F.3d 644, 649 (4th Cir. 2002). Although the district
    court erred in converting the motion in the face of Baileys
    objection,

    it

    is

    clear

    from

    the

    record

    characterized by Bailey was without merit.

    that

    the

    motion

    as

    Because we are able to

    affirm the judgment of a district court on any basis supported by


    the record, we affirm the district courts denial of Baileys
    motion.

    See Eisenberg v. Wachovia Bank, N.A., 301 F.3d 220, 222

    (4th Cir. 2002).

    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

    - 2 -

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