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  • United States v. Oliver, 4th Cir. (1997)

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    The United States Court of Appeals for the Fourth Circuit dismissed Claude Eric Oliver's appeal of a district court's denial of his 28 U.S.C. § 2255 motion. The court reviewed the record and found no reversible error. It determined that Oliver failed to show that, but for his counsel's alleged error, he would not have pleaded guilty, as required by Hill v. Lockhart. Therefore, the court denied a certificate of appealability and dismissed the appeal.

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    Filed: 1997-10-24 Precedential Status: Non-Precedential Docket: 97-6657

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    The United States Court of Appeals for the Fourth Circuit dismissed Claude Eric Oliver's appeal of a district court's denial of his 28 U.S.C. § 2255 motion. The court reviewed the record and found no reversible error. It determined that Oliver failed to show that, but for his counsel's alleged error, he would not have pleaded guilty, as required by Hill v. Lockhart. Therefore, the court denied a certificate of appealability and dismissed the appeal.

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    1 views2 pages

    United States v. Oliver, 4th Cir. (1997)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Claude Eric Oliver's appeal of a district court's denial of his 28 U.S.C. § 2255 motion. The court reviewed the record and found no reversible error. It determined that Oliver failed to show that, but for his counsel's alleged error, he would not have pleaded guilty, as required by Hill v. Lockhart. Therefore, the court denied a certificate of appealability and dismissed the appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 97-6657

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    CLAUDE ERIC OLIVER,
    Defendant - Appellant.

    Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Lacy H. Thornburg, District
    Judge. (CR-94-103, CA-97-80-1)
    Submitted:

    October 7, 1997

    Decided:

    October 24, 1997

    Before NIEMEYER and WILLIAMS, Circuit Judges, and PHILLIPS, Senior


    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Howard Jay Manchel, Atlanta, Georgia, for Appellant. Deborah Ann
    Ausburn, Assistant United States Attorney, Asheville, North Carolina, for Appellee.
    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. Appellant has failed to show that, but
    for counsel's alleged error, he would not have pleaded guilty. See
    Hill v. Lockhart, 474 U.S. 52, 59 (1985). Accordingly, we deny a
    certificate of appealability and dismiss the appeal. 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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