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

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    The United States Court of Appeals for the Fourth Circuit reviewed Benjamin Shabazz Peay's appeal of a district court's denial of his motion under 28 U.S.C.A. § 2255 to vacate, set aside, or correct his sentence. The appellate court found no reversible error in the district court's acceptance of the magistrate judge's recommendation to deny the motion. The appellate court denied Peay's request for a certificate of appealability and dismissed the appeal, agreeing with the reasoning of the district court.

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    Filed: 1999-05-05 Precedential Status: Non-Precedential Docket: 98-7711

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    The United States Court of Appeals for the Fourth Circuit reviewed Benjamin Shabazz Peay's appeal of a district court's denial of his motion under 28 U.S.C.A. § 2255 to vacate, set aside, or correct his sentence. The appellate court found no reversible error in the district court's acceptance of the magistrate judge's recommendation to deny the motion. The appellate court denied Peay's request for a certificate of appealability and dismissed the appeal, agreeing with the reasoning of the district court.

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    10 views2 pages

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

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit reviewed Benjamin Shabazz Peay's appeal of a district court's denial of his motion under 28 U.S.C.A. § 2255 to vacate, set aside, or correct his sentence. The appellate court found no reversible error in the district court's acceptance of the magistrate judge's recommendation to deny the motion. The appellate court denied Peay's request for a certificate of appealability and dismissed the appeal, agreeing with the reasoning of the district court.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 98-7711

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    BENJAMIN SHABAZZ PEAY,
    Defendant - Appellant.

    Appeal from the United States District Court for the Middle
    District of North Carolina, at Greensboro. N. Carlton Tilley, Jr.,
    District Judge. (CR-90-89, CA-97-518-2)

    Submitted:

    April 13, 1999

    Decided:

    May 5, 1999

    Before WILKINS and MICHAEL, Circuit Judges, and BUTZNER, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.


    Benjamin Shabazz Peay, Appellant Pro Se. Harry L. Hobgood, 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:
    Benjamin Shabazz Peay seeks to appeal the district courts
    order 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 accepting the recommendation of the magistrate


    judge and find no reversible error.

    Accordingly, we deny a cer-

    tificate of appealability and dismiss the appeal on the reasoning


    of the district court.

    See United States v. Peay, Nos. CR-90-89,

    CA-97-518-2 (M.D.N.C. Nov. 5, 1998).

    We dispense with oral argu-

    ment

    contentions

    because

    the

    facts

    and

    legal

    are

    adequately

    presented in the materials before the court and argument would not
    aid the decisional process.

    DISMISSED

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