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

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from a defendant. The district court had denied the defendant's motion to appeal his conviction under 28 U.S.C.A. § 2255. The Court of Appeals finds no reversible error in the district court's decision. Accordingly, the Court denies a certificate of appealability and dismisses the appeal, agreeing with the reasoning provided by the district court in its previous denial of the defendant's motion.

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    Filed: 1998-03-12 Precedential Status: Non-Precedential Docket: 97-6256

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from a defendant. The district court had denied the defendant's motion to appeal his conviction under 28 U.S.C.A. § 2255. The Court of Appeals finds no reversible error in the district court's decision. Accordingly, the Court denies a certificate of appealability and dismisses the appeal, agreeing with the reasoning provided by the district court in its previous denial of the defendant's motion.

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    28 views2 pages

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

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from a defendant. The district court had denied the defendant's motion to appeal his conviction under 28 U.S.C.A. § 2255. The Court of Appeals finds no reversible error in the district court's decision. Accordingly, the Court denies a certificate of appealability and dismisses the appeal, agreeing with the reasoning provided by the district court in its previous denial of the defendant's motion.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 97-6256

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    MARK STEPHEN PAYNE,
    Defendant - Appellant.

    Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, District Judge.
    (CR-90-73-R, CA-97-77-R)
    Submitted:

    January 13, 1998

    Decided:

    March 12, 1998

    Before WIDENER and MICHAEL, Circuit Judges, and HALL, Senior


    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Mark Stephen Payne, Appellant Pro Se.
    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. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district
    court. United States v. Payne, Nos. CR-90-73-R; CA-97-77-R (W.D.
    Va. Feb. 3, 1997). 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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