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  • Burley v. United States, 4th Cir. (2001)

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    The United States Court of Appeals for the Fourth Circuit dismissed Willie Burley's appeal of a district court order denying his Rule 60(b) motion for relief from the denial of his §2255 motion. The court reviewed the record and found no reversible error in the district court's reasoning for denying the Rule 60(b) motion. The court then dismissed the appeal without oral argument, as the facts and legal issues were adequately explained in the court materials.

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    Filed: 2001-09-05 Precedential Status: Non-Precedential Docket: 01-6861

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    The United States Court of Appeals for the Fourth Circuit dismissed Willie Burley's appeal of a district court order denying his Rule 60(b) motion for relief from the denial of his §2255 motion. The court reviewed the record and found no reversible error in the district court's reasoning for denying the Rule 60(b) motion. The court then dismissed the appeal without oral argument, as the facts and legal issues were adequately explained in the court materials.

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    1 views2 pages

    Burley v. United States, 4th Cir. (2001)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Willie Burley's appeal of a district court order denying his Rule 60(b) motion for relief from the denial of his §2255 motion. The court reviewed the record and found no reversible error in the district court's reasoning for denying the Rule 60(b) motion. The court then dismissed the appeal without oral argument, as the facts and legal issues were adequately explained in the court materials.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 01-6861

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    WILLIE BURLEY,
    Defendant - Appellant.

    Appeal from the United States District Court for the Northern
    District of West Virginia, at Clarksburg. Irene M. Keeley, Chief
    District Judge. (CR-94-59, CA-97-186)

    Submitted:

    August 23, 2001

    Decided:

    September 5, 2001

    Before WILKINS and KING, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.


    Willie Burley, Appellant Pro Se. Thomas Oliver Mucklow, Assistant
    United States Attorney, Martinsburg, West Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Willie Burley appeals the district courts order denying his
    Fed. R. Civ. P. 60(b) motion seeking relief from an earlier district court order denying Burleys 28 U.S.C.A. 2255 (West 2001)
    motion. We have reviewed the record and the district courts order
    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. Burley, Nos. CR-94-59; CA-97-186

    (N.D.W. Va. May 2, 2001).

    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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