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  • United States v. Wiggins, 4th Cir. (1999)

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    Felton Wiggins appealed the district court's denial of his Rule 60(b) motion for relief from the denial of his previous §2255 motion. The Fourth Circuit reviewed the record and found no reversible error. It denied Wiggins' request for a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning that Wiggins was not entitled to relief. The Fourth Circuit determined that oral arguments were not necessary to aid in its decision.

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    Filed: 1999-05-19 Precedential Status: Non-Precedential Docket: 99-6423

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    Felton Wiggins appealed the district court's denial of his Rule 60(b) motion for relief from the denial of his previous §2255 motion. The Fourth Circuit reviewed the record and found no reversible error. It denied Wiggins' request for a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning that Wiggins was not entitled to relief. The Fourth Circuit determined that oral arguments were not necessary to aid in its decision.

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    4 views2 pages

    United States v. Wiggins, 4th Cir. (1999)

    Uploaded by

    Scribd Government Docs
    Felton Wiggins appealed the district court's denial of his Rule 60(b) motion for relief from the denial of his previous §2255 motion. The Fourth Circuit reviewed the record and found no reversible error. It denied Wiggins' request for a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning that Wiggins was not entitled to relief. The Fourth Circuit determined that oral arguments were not necessary to aid in its decision.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 99-6423

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    FELTON ANTHONY WIGGINS,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. J. Calvitt Clarke, Jr., Senior
    District Judge. (CR-91-32)

    Submitted:

    May 13, 1999

    Decided:

    May 19, 1999

    Before WIDENER and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit Judge.

    Dismissed by unpublished per curiam opinion.


    Felton Anthony Wiggins, Appellant Pro Se. Timothy Richard Murphy,
    Assistant United States Attorney, Hampton, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Felton Wiggins appeals the district court order denying his
    motion under Federal Rule of Civil Procedure 60(b) for relief from
    the district court order entered November 18, 1997, denying his
    motion filed under 28 U.S.C.A. 2255 (West 1994 & Supp. 1998).

    We

    have reviewed the record and the district courts opinion and find
    no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district
    court.

    See United States v. Wiggins, No. CR-91-32 (E.D. Va. Mar.

    15, 1999).

    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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