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

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    The United States Court of Appeals for the Fourth Circuit issued an unpublished opinion dismissing Bret Cabbage's appeal of a district court's denial of his motion to vacate, set aside or correct his sentence under 28 U.S.C. § 2255.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 found no reversible error, denying a certificate of appealability and dismissing the appeal based on the district court's reasoning that Cabbage's § 2255 motion was without merit.

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    Filed: 2001-12-06 Precedential Status: Non-Precedential Docket: 01-7226

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    The United States Court of Appeals for the Fourth Circuit issued an unpublished opinion dismissing Bret Cabbage's appeal of a district court's denial of his motion to vacate, set aside or correct his sentence under 28 U.S.C. § 2255.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 found no reversible error, denying a certificate of appealability and dismissing the appeal based on the district court's reasoning that Cabbage's § 2255 motion was without merit.

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    1 views2 pages

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

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit issued an unpublished opinion dismissing Bret Cabbage's appeal of a district court's denial of his motion to vacate, set aside or correct his sentence under 28 U.S.C. § 2255.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 found no reversible error, denying a certificate of appealability and dismissing the appeal based on the district court's reasoning that Cabbage's § 2255 motion was without merit.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 01-7226

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    BRET CABBAGE,
    Defendant - Appellant.

    Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James P. Jones, District Judge.
    (CR-99-17, CA-00-903-7)

    Submitted:

    November 29, 2001

    Decided:

    December 6, 2001

    Before WIDENER, NIEMEYER, and WILLIAMS, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    Bret Cabbage, Appellant Pro Se. Anthony Paul Giorno, OFFICE OF THE
    UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Bret Cabbage appeals 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 opinion and find no
    reversible error.

    Accordingly, we deny a certificate of appeal-

    ability and dismiss the appeal on the reasoning of the district


    court.

    See United States v. Cabbage, Nos. CR-99-17; CA-00-903-7

    (W.D. Va. July 21, 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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