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  • United States v. Fabian, 4th Cir. (1998)

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    Giovanny Fabian appealed the district court's denial of his motion to vacate his sentence under 28 U.S.C. § 2255. The Fourth Circuit Court of Appeals reviewed the record and found no reversible error in the district court's ruling. The appellate court denied Fabian's request for a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning as set forth in its opinion dated February 23, 1998.

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    Filed: 1998-11-19 Precedential Status: Non-Precedential Docket: 98-6478

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    Giovanny Fabian appealed the district court's denial of his motion to vacate his sentence under 28 U.S.C. § 2255. The Fourth Circuit Court of Appeals reviewed the record and found no reversible error in the district court's ruling. The appellate court denied Fabian's request for a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning as set forth in its opinion dated February 23, 1998.

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    2 views2 pages

    United States v. Fabian, 4th Cir. (1998)

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    Scribd Government Docs
    Giovanny Fabian appealed the district court's denial of his motion to vacate his sentence under 28 U.S.C. § 2255. The Fourth Circuit Court of Appeals reviewed the record and found no reversible error in the district court's ruling. The appellate court denied Fabian's request for a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning as set forth in its opinion dated February 23, 1998.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 98-6478

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    GIOVANNY FABIAN,
    Defendant - Appellant.

    Appeal from the United States District Court for the Western
    District of North Carolina, at Charlotte. Robert D. Potter, Senior
    District Judge. (CR-92-183-P, CA-98-70-3-P)

    Submitted:

    November 10, 1998

    Decided:

    November 19, 1998

    Before WIDENER, HAMILTON, and MICHAEL, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    Giovanny Fabian, Appellant Pro Se. Kenneth Davis Bell, OFFICE OF
    THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Giovanny Fabian 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 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. Fabian, Nos. CR-92-183-P;
    CA-98-70-3-P (W.D.N.C. Feb. 23, 1998). 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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