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

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    Julio Roberto Castellanos appealed the district court's denial of his motion under 28 U.S.C. § 2255 to vacate, set aside or correct his sentence. The Fourth Circuit Court of Appeals reviewed the record and the district court's opinion denying the motion and concluded that Castellanos did not make a substantial showing of the denial of a constitutional right. Accordingly, the Fourth Circuit denied a certificate of appealability and dismissed the appeal.

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    Filed: 2002-10-21 Precedential Status: Non-Precedential Docket: 02-7213

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    Julio Roberto Castellanos appealed the district court's denial of his motion under 28 U.S.C. § 2255 to vacate, set aside or correct his sentence. The Fourth Circuit Court of Appeals reviewed the record and the district court's opinion denying the motion and concluded that Castellanos did not make a substantial showing of the denial of a constitutional right. Accordingly, the Fourth Circuit denied a certificate of appealability and dismissed the appeal.

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

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    Scribd Government Docs
    Julio Roberto Castellanos appealed the district court's denial of his motion under 28 U.S.C. § 2255 to vacate, set aside or correct his sentence. The Fourth Circuit Court of Appeals reviewed the record and the district court's opinion denying the motion and concluded that Castellanos did not make a substantial showing of the denial of a constitutional right. Accordingly, the Fourth Circuit denied a certificate of appealability and dismissed the appeal.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-7213

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    JULIO ROBERTO CASTELLANOS,
    Defendant - Appellant.

    Appeal from the United States District Court for the Western
    District of Virginia, at Roanoke. James C. Turk, District Judge.
    (CR-91-82, CA-01-571-7)

    Submitted:

    October 10, 2002

    Decided:

    October 21, 2002

    Before WILLIAMS, KING, and GREGORY, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Julio Roberto Castellanos, Appellant Pro Se. Joseph William Hooge


    Mott, Assistant United States Attorney, Roanoke, Virginia, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Julio Roberto Castellanos seeks to appeal the district courts
    order denying his motion filed under 28 U.S.C. 2255 (2000).

    We

    have reviewed the record and the district courts memorandum


    opinion and conclude on the reasoning of the district court that
    Castellanos has not made a substantial showing of the denial of a
    constitutional right.

    See United States v. Castellanos, Nos. CR-

    91-82; CA-01-571-7 (W.D. Va. June 5, 2002). Accordingly, we deny a


    certificate of appealability and dismiss the appeal. See 28 U.S.C.
    2253(c) (2000). 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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