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  • United States v. Darrell L. Avery, Ii, United States of America v. Darrell L. Avery, II, 996 F.2d 1212, 4th Cir. (1993)

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    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. Darrell L. Avery, II appealed the district court's dismissal of his 28 U.S.C. § 2255 motion, denial of his motion for reconsideration, and denial of his motion for bond pending adjudication of the § 2255 motion. The Fourth Circuit affirmed the district court's rulings, finding no abuse of discretion and that the appeals were without merit. The court adopted the reasoning of the district court in its decisions.

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    Filed: 1993-06-25 Precedential Status: Non-Precedential Citations: 996 F.2d 1212 Docket: 93-6049

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    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. Darrell L. Avery, II appealed the district court's dismissal of his 28 U.S.C. § 2255 motion, denial of his motion for reconsideration, and denial of his motion for bond pending adjudication of the § 2255 motion. The Fourth Circuit affirmed the district court's rulings, finding no abuse of discretion and that the appeals were without merit. The court adopted the reasoning of the district court in its decisions.

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    United States v. Darrell L. Avery, Ii, United States of America v. Darrell L. Avery, II, 996 F.2d 1212, 4th Cir. (1993)

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    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. Darrell L. Avery, II appealed the district court's dismissal of his 28 U.S.C. § 2255 motion, denial of his motion for reconsideration, and denial of his motion for bond pending adjudication of the § 2255 motion. The Fourth Circuit affirmed the district court's rulings, finding no abuse of discretion and that the appeals were without merit. The court adopted the reasoning of the district court in its decisions.

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    of 2

    996 F.

    2d 1212

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    UNITED STATES of America, Plaintiff-Appellee,
    v.
    Darrell L. AVERY, II, Defendant-Appellant.
    United States of America, Plaintiff-Appellee,
    v.
    Darrell L. Avery, II, Defendant-Appellant.
    Nos. 93-6049, 93-6281.

    United States Court of Appeals,


    Fourth Circuit.
    Submitted: May 25, 1993.
    Decided: June 25, 1993.

    Appeals from the United States District Court for the Western District of
    North Carolina, at Charlotte. Robert D. Potter, District Judge; Paul B.
    Taylor, Magistrate Judge. (CR-90-113-C-P, CA-92-445-P-3)
    Darrell L. Avery, II, Appellant Pro Se.
    Alan Hechtkopf, Yoel Tobin, Robert E. Lindsey, United States
    Department of Justice, Washington, D.C., for Appellee.
    W.D.N.C.
    AFFIRMED.
    Before PHILLIPS and MURNAGHAN, Circuit Judges, and SPROUSE,
    Senior Circuit Judge.
    PER CURIAM:

    OPINION
    1

    Darrell L. Avery, II, appeals from the district court's orders dismissing his
    motion under 28 U.S.C. 2255 (1988), without prejudice, denying his motion
    for reconsideration, and denying his motion for bond pending adjudication of
    the 2255 motion. Our review of the record and the district court's opinions
    discloses no abuse of discretion and that these appeals are without merit.
    Accordingly, we affirm on the reasoning of the district court.* United States v.
    Avery, Nos. CR-90-113-C-P, CA-92-445-P-3 (W.D.N.C. Dec. 23 & 30, 1992 &
    Feb. 10, 1993). We deny Avery's motion for appointment of counsel and
    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

    We grant Avery's motion for leave to amend this appeal

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