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

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    John McNeil appealed the district court's denial of his motion to vacate his sentence under 28 U.S.C. § 2255. The Fourth Circuit reviewed the record and found no reversible error in the district court's acceptance of the magistrate's recommendation to deny the motion. The Fourth Circuit denied a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning that McNeil failed to present grounds to vacate his sentence.

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    Filed: 2001-12-10 Precedential Status: Non-Precedential Docket: 01-7331

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    John McNeil appealed the district court's denial of his motion to vacate his sentence under 28 U.S.C. § 2255. The Fourth Circuit reviewed the record and found no reversible error in the district court's acceptance of the magistrate's recommendation to deny the motion. The Fourth Circuit denied a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning that McNeil failed to present grounds to vacate his sentence.

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    4 views2 pages

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

    Uploaded by

    Scribd Government Docs
    John McNeil appealed the district court's denial of his motion to vacate his sentence under 28 U.S.C. § 2255. The Fourth Circuit reviewed the record and found no reversible error in the district court's acceptance of the magistrate's recommendation to deny the motion. The Fourth Circuit denied a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning that McNeil failed to present grounds to vacate his sentence.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 01-7331

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    JOHN MAURICE MCNEIL,
    Defendant - Appellant.

    Appeal from the United States District Court for the Middle District of North Carolina, at Durham. N. Carlton Tilley, Jr., Chief
    District Judge. (CR-93-256)

    Submitted:

    November 29, 2001

    Decided:

    December 10, 2001

    Before WIDENER, NIEMEYER, and WILLIAMS, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    John Maurice McNeil, Appellant Pro Se. Lisa Blue Boggs, Assistant
    United States Attorney, Greensboro, North Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    John Maurice McNeil seeks to appeal the district courts order
    accepting the recommendation of the magistrate judge and denying
    his motion filed under 28 U.S.C.A. 2255 (West Supp. 2001).

    We

    have reviewed the record and the district courts opinion accepting
    the recommendation of the magistrate judge 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. McNeil, No. CR-93-256 (M.D.N.C. July 23, 2001).

    We dis-

    pense 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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