Scribd Logo
Upload

Welcome to Scribd!

  • 9 views

    United States v. Augustin, 4th Cir. (2006)

    Uploaded by

    Scribd Government Docs
    Thomas Augustin was convicted in 2003 of drug possession charges and sentenced to 210 months in prison. He appealed his sentence and it was affirmed by the Fourth Circuit Court of Appeals in 2004 and again in 2005 after being remanded by the Supreme Court. In 2006, Augustin filed a "Notice of Application for a Certificate of Appealability" referencing his 2003 sentencing, which the district court construed as a notice of appeal of the original judgment. However, the Fourth Circuit dismissed this appeal as redundant since Augustin had already appealed the 2003 judgment previously.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content

    You might also like

    United States v. Augustin, 4th Cir. (2006)

    Uploaded by

    Scribd Government Docs
    9 views3 pages
    Thomas Augustin was convicted in 2003 of drug possession charges and sentenced to 210 months in prison. He appealed his sentence and it was affirmed by the Fourth Circuit Court of Appeals in 2004 and again in 2005 after being remanded by the Supreme Court. In 2006, Augustin filed a "Notice of Application for a Certificate of Appealability" referencing his 2003 sentencing, which the district court construed as a notice of appeal of the original judgment. However, the Fourth Circuit dismissed this appeal as redundant since Augustin had already appealed the 2003 judgment previously.

    Original Description:

    Filed: 2006-09-13 Precedential Status: Non-Precedential Docket: 06-6405

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    Thomas Augustin was convicted in 2003 of drug possession charges and sentenced to 210 months in prison. He appealed his sentence and it was affirmed by the Fourth Circuit Court of Appeals in 2004 and again in 2005 after being remanded by the Supreme Court. In 2006, Augustin filed a "Notice of Application for a Certificate of Appealability" referencing his 2003 sentencing, which the district court construed as a notice of appeal of the original judgment. However, the Fourth Circuit dismissed this appeal as redundant since Augustin had already appealed the 2003 judgment previously.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    9 views3 pages

    United States v. Augustin, 4th Cir. (2006)

    Uploaded by

    Scribd Government Docs
    Thomas Augustin was convicted in 2003 of drug possession charges and sentenced to 210 months in prison. He appealed his sentence and it was affirmed by the Fourth Circuit Court of Appeals in 2004 and again in 2005 after being remanded by the Supreme Court. In 2006, Augustin filed a "Notice of Application for a Certificate of Appealability" referencing his 2003 sentencing, which the district court construed as a notice of appeal of the original judgment. However, the Fourth Circuit dismissed this appeal as redundant since Augustin had already appealed the 2003 judgment previously.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 06-6405

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    THOMAS AUGUSTIN,
    Defendant - Appellant.

    Appeal from the United States District Court for the Western
    District of North Carolina, at Charlotte.
    H. Brent McKnight,
    District Judge. (3:02-cr-00208)

    Submitted:

    August 30, 2006

    Decided:

    September 13, 2006

    Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Thomas Augustin, Appellant Pro Se. Keith Michael Cave, OFFICE OF


    THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    In

    2003,

    Thomas

    Augustin

    entered

    guilty

    plea

    to

    possession of fifty grams or more of cocaine base (crack) and 500


    grams or more of cocaine with intent to distribute, in violation of
    21 U.S.C. 841(a) (2000), and was sentenced to a term of 210
    months imprisonment.
    affirmed it.

    Augustin appealed his sentence, and we

    United States v. Augustin, 102 F. Appx 771 (4th Cir.

    2004) (04-4061).

    The Supreme Court later vacated this courts

    judgment and remanded the case for further proceedings in light of


    United States v. Booker, 543 U.S. 220 (2005).

    On remand, we again

    affirmed the sentence. United States v. Augustin, 157 F. Appx 582


    (4th Cir. 2005) (04-4061).
    Augustin subsequently filed in the district court a
    Notice

    of

    Application

    for

    Certificate

    of

    Appealability,

    referencing the date of his 2003 sentencing hearing.

    The district

    court construed the application as a notice of appeal from the


    original judgment.

    Augustin has now filed an informal brief in

    this court in which he challenges his conviction and sentence and


    asserts that his counsel rendered ineffective assistance.

    Because

    Augustin has previously appealed from the judgment entered on


    January 12, 2004, this appeal is redundant.
    We therefore dismiss the appeal.

    We dispense with oral

    argument because the facts and legal contentions are adequately

    - 2 -

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

    DISMISSED

    - 3 -

    You might also like