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

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    The United States Court of Appeals for the Fourth Circuit dismissed John McPhaul's appeal of the district court's denial of his motion under 28 U.S.C.A. § 2255. The appellate court reviewed the record and found no reversible error in the district court's ruling. The appeals court denied McPhaul's request for a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning as stated in its opinion dated November 8, 1996.

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    Filed: 1997-07-23 Precedential Status: Non-Precedential Docket: 97-6008

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    The United States Court of Appeals for the Fourth Circuit dismissed John McPhaul's appeal of the district court's denial of his motion under 28 U.S.C.A. § 2255. The appellate court reviewed the record and found no reversible error in the district court's ruling. The appeals court denied McPhaul's request for a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning as stated in its opinion dated November 8, 1996.

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    11 views2 pages

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

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed John McPhaul's appeal of the district court's denial of his motion under 28 U.S.C.A. § 2255. The appellate court reviewed the record and found no reversible error in the district court's ruling. The appeals court denied McPhaul's request for a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning as stated in its opinion dated November 8, 1996.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT
    No. 97-6008

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    JOHN MCPHAUL,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District
    Judge. (CR-95-22-BO, CA-96-127-BO)
    Submitted:

    July 10, 1997

    Decided:

    July 23, 1997

    Before RUSSELL, HALL, and MURNAGHAN, Circuit Judges.


    Dismissed by unpublished per curiam opinion.
    John McPhaul, Appellant Pro Se. Cynthia Elaine Tompkins, OFFICE OF
    THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).

    PER CURIAM:
    John McPhaul 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. Accordingly, we deny a certificate of
    appealability and dismiss the appeal on the reasoning of the district court. United States v. McPhaul, Nos. CR-95-22-BO; CA-96-127BO (E.D.N.C. Nov. 8, 1996). 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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