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

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    The United States Court of Appeals for the Fourth Circuit dismissed Byron Cumber'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. In a per curiam unpublished opinion, the panel found no reversible error in the district court's reasoning for denying Cumber's § 2255 motion. The appeals court denied Cumber's request for a certificate of appealability and dismissed the appeal based on the district court's reasoning.

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    Filed: 2002-03-14 Precedential Status: Non-Precedential Docket: 01-7852

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    The United States Court of Appeals for the Fourth Circuit dismissed Byron Cumber'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. In a per curiam unpublished opinion, the panel found no reversible error in the district court's reasoning for denying Cumber's § 2255 motion. The appeals court denied Cumber's request for a certificate of appealability and dismissed the appeal based on the district court's reasoning.

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    8 views2 pages

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

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Byron Cumber'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. In a per curiam unpublished opinion, the panel found no reversible error in the district court's reasoning for denying Cumber's § 2255 motion. The appeals court denied Cumber's request for a certificate of appealability and dismissed the appeal based on the district court's reasoning.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 01-7852

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    BYRON CARLTON CUMBER,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Wilmington. James C. Fox, Senior
    District Judge. (CR-99-28, CA-00-154-7-F)

    Submitted:

    February 26, 2002

    Decided:

    March 14, 2002

    Before WIDENER, WILKINS, and LUTTIG, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    Byron Carlton Cumber, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Byron Cumber seeks to appeal 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 Cumbers motion for
    a certificate of appealability and dismiss the appeal on the reasoning of the district court. United States v. Cumber, Nos. CR-9928; CA-00-154-7-F (E.D.N.C. filed Aug. 28, 2001; entered Aug. 29,
    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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