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  • United States v. Gardner, 4th Cir. (2007)

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    Emmanuel Gardner appealed the district court's amended judgment entered under Rule 36 of the Federal Rules of Criminal Procedure. The appeals court reviewed the record and found no reversible error, affirming the district court's ruling. The appeals court denied Gardner's motion for appointment of counsel and ruled that oral arguments were not necessary as the facts and legal issues were adequately presented in existing court documents.

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    Filed: 2007-02-21 Precedential Status: Non-Precedential Docket: 06-6763

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    Emmanuel Gardner appealed the district court's amended judgment entered under Rule 36 of the Federal Rules of Criminal Procedure. The appeals court reviewed the record and found no reversible error, affirming the district court's ruling. The appeals court denied Gardner's motion for appointment of counsel and ruled that oral arguments were not necessary as the facts and legal issues were adequately presented in existing court documents.

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    13 views2 pages

    United States v. Gardner, 4th Cir. (2007)

    Uploaded by

    Scribd Government Docs
    Emmanuel Gardner appealed the district court's amended judgment entered under Rule 36 of the Federal Rules of Criminal Procedure. The appeals court reviewed the record and found no reversible error, affirming the district court's ruling. The appeals court denied Gardner's motion for appointment of counsel and ruled that oral arguments were not necessary as the facts and legal issues were adequately presented in existing court documents.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 06-6763

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    EMMANUEL JEROME GARDNER,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh. Malcolm J. Howard, Senior
    District Judge. (4:03-cr-00014-H)

    Submitted: February 15, 2007

    Decided:

    February 21, 2007

    Before NIEMEYER, KING, and DUNCAN, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Emmanuel Jerome Gardner, Appellant Pro Se.


    Yvonne Victoria
    Watford-McKinney, Assistant United States Attorney, Raleigh, North
    Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Emmanuel J. Gardner appeals the district courts amended
    judgment entered pursuant to Fed. R. Crim. P. 36.
    the record and find no reversible error.

    We have reviewed

    Accordingly, we affirm

    for the reasons stated by the district court.

    United States v.

    Gardner, No. 4:03-cr-00014-H (E.D.N.C. Mar. 23, 2006).

    We further

    deny Gardners motion for appointment of counsel. 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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