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

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    This document summarizes a court case in which David Fitzgerald Lightner appealed the district court's denial of his motion under 28 U.S.C.A. § 2255 to vacate, set aside, or correct his sentence. The appeals court reviewed the record and found no reversible error in the district court's decision. Accordingly, the appeals court denied Lightner a certificate of appealability and dismissed the appeal, agreeing with the reasoning of the district court.

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    Filed: 2002-03-25 Precedential Status: Non-Precedential Docket: 01-8050

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    This document summarizes a court case in which David Fitzgerald Lightner appealed the district court's denial of his motion under 28 U.S.C.A. § 2255 to vacate, set aside, or correct his sentence. The appeals court reviewed the record and found no reversible error in the district court's decision. Accordingly, the appeals court denied Lightner a certificate of appealability and dismissed the appeal, agreeing with the reasoning of the district court.

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    3 views2 pages

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

    Uploaded by

    Scribd Government Docs
    This document summarizes a court case in which David Fitzgerald Lightner appealed the district court's denial of his motion under 28 U.S.C.A. § 2255 to vacate, set aside, or correct his sentence. The appeals court reviewed the record and found no reversible error in the district court's decision. Accordingly, the appeals court denied Lightner a certificate of appealability and dismissed the appeal, agreeing with the reasoning of the district court.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 01-8050

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    DAVID FITZGERALD LIGHTNER,
    Defendant - Appellant.

    Appeal from the United States District Court for the Western
    District of North Carolina, at Charlotte. Graham C. Mullen, Chief
    District Judge. (CR-93-133-P, CA-01-580-3-2-MU)

    Submitted:

    March 14, 2002

    Decided:

    March 25, 2002

    Before NIEMEYER and KING, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.


    David Fitzgerald Lightner, Appellant Pro Se.
    Gretchen C. F.
    Shappert, Assistant United States Attorney, Charlotte, North
    Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    David Fitzgerald Lightner 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 opin-

    ion and find no reversible error.

    Accordingly, we deny a certif-

    icate of appealability and dismiss the appeal on the reasoning of


    the district court. See United States v. Lightner, Nos. CR-93-133P; CA-01-580-3-2-MU (W.D.N.C. filed Nov. 9, 2001, entered Nov. 13,
    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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