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  • United States v. Pugh, 4th Cir. (2002)

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    The United States Court of Appeals for the Fourth Circuit dismissed Harry Pugh's appeal of a district court's denial of his motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. The appellate court reviewed the district court record and opinion adopting the magistrate's recommendation and concluded that Pugh did not make a substantial showing of a denial of a constitutional right. The court denied a certificate of appealability and dismissed the appeal.

    Original Description:

    Filed: 2002-10-21 Precedential Status: Non-Precedential Docket: 02-7133

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    The United States Court of Appeals for the Fourth Circuit dismissed Harry Pugh's appeal of a district court's denial of his motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. The appellate court reviewed the district court record and opinion adopting the magistrate's recommendation and concluded that Pugh did not make a substantial showing of a denial of a constitutional right. The court denied a certificate of appealability and dismissed the appeal.

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    2 views2 pages

    United States v. Pugh, 4th Cir. (2002)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Harry Pugh's appeal of a district court's denial of his motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. The appellate court reviewed the district court record and opinion adopting the magistrate's recommendation and concluded that Pugh did not make a substantial showing of a denial of a constitutional right. The court denied a certificate of appealability and dismissed the appeal.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-7133

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    HARRY PUGH,
    Defendant - Appellant.

    Appeal from the United States District Court for the Northern
    District of West Virginia, at Wheeling. Frederick P. Stamp, Jr.,
    District Judge. (CR-99-41, CA-00-210-5)

    Submitted:

    October 10, 2002

    Decided:

    October 21, 2002

    Before WILLIAMS, KING, and GREGORY, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Harry Pugh, Appellant Pro Se. Samuel Gerald Nazzaro, Jr., Assistant
    United States Attorney, Wheeling, West Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Harry Pugh seeks to appeal the district courts order denying
    his motion filed under 28 U.S.C. 2255 (2000).
    the

    record

    and

    the

    district

    courts

    We have reviewed

    opinion

    accepting

    the

    recommendation of the magistrate judge and conclude for the reasons


    stated by the district court that Pugh has not made a substantial
    showing of the denial of a constitutional right. See United States
    v. Pugh, Nos. CR-99-41; CA-00-210-5 (N.D.W. Va. June 24, 2002).
    Accordingly, we deny a certificate of appealability and dismiss the
    appeal.

    See 28 U.S.C. 2253(c) (2000).

    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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