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  • United States v. Dennis, 4th Cir. (1998)

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    The United States Court of Appeals for the Fourth Circuit dismissed David Reid Dennis's appeal of a district court order denying his motion under 28 U.S.C. § 2255. The appellate court reviewed the record and found no reversible error. The court also found that the evidence supported Dennis's 18 U.S.C. § 924(c) conviction in light of Bailey v. United States, which held that brandishing or displaying a firearm constitutes "use" under the statute. Therefore, the appellate court denied a certificate of appealability and dismissed the appeal based on the reasoning of the district court.

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    Filed: 1998-05-13 Precedential Status: Non-Precedential Docket: 97-6075

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    The United States Court of Appeals for the Fourth Circuit dismissed David Reid Dennis's appeal of a district court order denying his motion under 28 U.S.C. § 2255. The appellate court reviewed the record and found no reversible error. The court also found that the evidence supported Dennis's 18 U.S.C. § 924(c) conviction in light of Bailey v. United States, which held that brandishing or displaying a firearm constitutes "use" under the statute. Therefore, the appellate court denied a certificate of appealability and dismissed the appeal based on the reasoning of the district court.

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    12 views2 pages

    United States v. Dennis, 4th Cir. (1998)

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    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed David Reid Dennis's appeal of a district court order denying his motion under 28 U.S.C. § 2255. The appellate court reviewed the record and found no reversible error. The court also found that the evidence supported Dennis's 18 U.S.C. § 924(c) conviction in light of Bailey v. United States, which held that brandishing or displaying a firearm constitutes "use" under the statute. Therefore, the appellate court denied a certificate of appealability and dismissed the appeal based on the reasoning of the district court.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 97-6075

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    DAVID REID DENNIS,
    Defendant - Appellant.

    Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Robert D. Potter, Senior
    District Judge. (CR-93-150-P, CA-96-216-3-P)
    Submitted:

    April 29, 1998

    Decided:

    May 13, 1998

    Before MURNAGHAN, NIEMEYER, and WILLIAMS, Circuit Judges.


    Dismissed by unpublished per curiam opinion.
    David Reid Dennis, Appellant Pro Se. Harry Thomas Church, Assistant
    United States Attorney, Charlotte, North Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).

    PER CURIAM:
    Appellant seeks to appeal the district court's order denying
    his motion filed under 28 U.S.C.A. 2255 (West 1994 & Supp. 1997).
    We have reviewed the record and the district court's opinion and
    find no reversible error. We find that the evidence supports
    Dennis's 18 U.S.C. 924(c) (1994) conviction in light of Bailey v.
    United States, 516 U.S. 137, 148 (1995) (holding that clear examples of use include "brandishing, displaying, bartering, striking
    with, and most obviously, firing or attempt to fire a firearm").
    Accordingly, we deny a certificate of appealability and dismiss the
    appeal substantially on the reasoning of the district court. United
    States v. Dennis, Nos. CR-93-150-P; CA-96-216-3-P (W.D.N.C. Dec.
    11, 1996). 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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