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  • United States v. Ward, 4th Cir. (2000)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from George Allen Ward. The district court had denied Ward's motions for downward departure and relief from judgment, construing it as a second or successive motion under 28 U.S.C.A. § 2255. The Fourth Circuit denies a certificate of appealability and dismisses the appeal, agreeing with the reasoning of the district court. The Fourth Circuit found no reversible error in the district court's opinion.

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    Filed: 2000-08-30 Precedential Status: Non-Precedential Docket: 00-6777

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from George Allen Ward. The district court had denied Ward's motions for downward departure and relief from judgment, construing it as a second or successive motion under 28 U.S.C.A. § 2255. The Fourth Circuit denies a certificate of appealability and dismisses the appeal, agreeing with the reasoning of the district court. The Fourth Circuit found no reversible error in the district court's opinion.

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    Public Domain
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    6 views2 pages

    United States v. Ward, 4th Cir. (2000)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from George Allen Ward. The district court had denied Ward's motions for downward departure and relief from judgment, construing it as a second or successive motion under 28 U.S.C.A. § 2255. The Fourth Circuit denies a certificate of appealability and dismisses the appeal, agreeing with the reasoning of the district court. The Fourth Circuit found no reversible error in the district court's opinion.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 00-6777

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    GEORGE ALLEN WARD,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Henry C. Morgan, Jr., District
    Judge. (CR-94-70-4, CA-97-49-4)

    Submitted:

    August 24, 2000

    Decided:

    August 30, 2000

    Before MICHAEL and MOTZ, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.


    George Allen Ward, Appellant Pro Se. Robert Edward Bradenham, II,
    Assistant United States Attorney, Norfolk, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    George Allen Ward seeks to appeal the district courts order
    denying his motions for downward departure and for relief from
    judgment under Fed. R. Civ. P. 60(b), which the district court
    construed as a second or successive motion under 28 U.S.C.A. 2255
    (West Supp. 2000).

    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. Ward, Nos. CR-

    94-70-4; CA-97-49-4 (E.D. Va. Apr. 7, 2000). 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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