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

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    The United States Court of Appeals for the Fourth Circuit dismissed Terry Warren Upchurch's appeal of the district court's denial of his motion filed under 28 U.S.C.A. § 2255. The appellate court reviewed the record and district court opinions and found no reversible error. The court denied a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning as presented in its April 30, 1997 and August 8, 1997 opinions. The court determined oral argument was not necessary because the facts and legal issues were adequately explained in the case materials.

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    Filed: 1998-03-18 Precedential Status: Non-Precedential Docket: 97-7218

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    The United States Court of Appeals for the Fourth Circuit dismissed Terry Warren Upchurch's appeal of the district court's denial of his motion filed under 28 U.S.C.A. § 2255. The appellate court reviewed the record and district court opinions and found no reversible error. The court denied a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning as presented in its April 30, 1997 and August 8, 1997 opinions. The court determined oral argument was not necessary because the facts and legal issues were adequately explained in the case materials.

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    6 views2 pages

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

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Terry Warren Upchurch's appeal of the district court's denial of his motion filed under 28 U.S.C.A. § 2255. The appellate court reviewed the record and district court opinions and found no reversible error. The court denied a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning as presented in its April 30, 1997 and August 8, 1997 opinions. The court determined oral argument was not necessary because the facts and legal issues were adequately explained in the case materials.

    Copyright:

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 97-7218

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    TERRY WARREN UPCHURCH,
    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-95-26, CA-97-39)
    Submitted:

    February 26, 1998

    Decided:

    March 18, 1998

    Before WILKINS, NIEMEYER, and HAMILTON, Circuit Judges.


    Dismissed by unpublished per curiam opinion.
    Terry Warren Upchurch, Appellant Pro Se. Janet S. Reincke, OFFICE
    OF THE UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).

    PER CURIAM:
    Appellant seeks to appeal the district court's orders denying
    his motion filed under 28 U.S.C.A. 2255 (West 1994 & Supp. 1997).
    We have reviewed the record and the district court's opinions 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. Upchurch, Nos. CR-95-26; CA-97-39 (E.D. Va.
    Apr. 30, 1997 & Aug. 8, 1997). 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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