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  • United States v. Herbert, 4th Cir. (2003)

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    The Supreme Court granted certiorari to Todd Andrew Herbert's case, vacated the prior opinion denying his §2255 motion, and remanded the case back to the Fourth Circuit Court of Appeals for further consideration. Previously, the Fourth Circuit had dismissed Herbert's appeal of the district court's denial of his §2255 motion to vacate his sentence.

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    Filed: 2003-03-18 Precedential Status: Non-Precedential Docket: 01-7349

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    The Supreme Court granted certiorari to Todd Andrew Herbert's case, vacated the prior opinion denying his §2255 motion, and remanded the case back to the Fourth Circuit Court of Appeals for further consideration. Previously, the Fourth Circuit had dismissed Herbert's appeal of the district court's denial of his §2255 motion to vacate his sentence.

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    Public Domain
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    United States v. Herbert, 4th Cir. (2003)

    Uploaded by

    Scribd Government Docs
    The Supreme Court granted certiorari to Todd Andrew Herbert's case, vacated the prior opinion denying his §2255 motion, and remanded the case back to the Fourth Circuit Court of Appeals for further consideration. Previously, the Fourth Circuit had dismissed Herbert's appeal of the district court's denial of his §2255 motion to vacate his sentence.

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    of 4

    S. Ct.

    order filed 3/17/03;


    case is vacated and remanded

    Petition for cert granted by


    order filed 3/10/03; opinion
    filed 12/18/01 is vacated

    UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT

    No. 01-7349

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    TODD ANDREW HERBERT,
    Defendant - Appellant.

    Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Norman K. Moon, District Judge.
    (CR-97-24, CV-00-170)

    Submitted:

    December 5, 2001

    Decided:

    December 18, 2001

    Before WILKINS, LUTTIG, and MOTZ, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Todd Andrew Herbert, 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:
    Todd Andrew Herbert seeks to appeal the district courts order
    denying his motion filed under 28 U.S.C.A. 2255 (West Supp.
    2001).

    We have reviewed the record and the district courts opin-

    ion and find no reversible error.

    Accordingly, we deny a certif-

    icate of appealability and dismiss the appeal on the reasoning of


    the district court.

    See United States v. Herbert, Nos. CR-97-24;

    CV-00-170 (W.D. Va. May 30, 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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