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  • United States v. Ellerbe, 4th Cir. (2004)

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of James Edward Ellerbe's motion to withdraw a 2000 plea agreement. The court reviewed the record and found no reversible error. It dispensed with oral arguments, finding the facts and legal issues were adequately presented in the court materials. The court thus affirmed the district court's ruling.

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    Filed: 2004-12-16 Precedential Status: Non-Precedential Docket: 04-7469

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of James Edward Ellerbe's motion to withdraw a 2000 plea agreement. The court reviewed the record and found no reversible error. It dispensed with oral arguments, finding the facts and legal issues were adequately presented in the court materials. The court thus affirmed the district court's ruling.

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    6 views2 pages

    United States v. Ellerbe, 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of James Edward Ellerbe's motion to withdraw a 2000 plea agreement. The court reviewed the record and found no reversible error. It dispensed with oral arguments, finding the facts and legal issues were adequately presented in the court materials. The court thus affirmed the district court's ruling.

    Copyright:

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-7469

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    JAMES EDWARD ELLERBE,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    W. Earl Britt, Senior
    District Judge. (CR-97-100)

    Submitted:

    December 9, 2004

    Decided:

    December 16, 2004

    Before NIEMEYER, WILLIAMS, and TRAXLER, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    James Edward Ellerbe, Appellant Pro Se. John Samuel Bowler,


    Assistant United States Attorney, Raleigh, North Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    James Edward Ellerbe appeals the district courts order
    denying Defendants Motion to Withdraw Plea Agreement Motion filed
    In the Court in the Year of [2000] Construed by this Court as
    Defendants 28 U.S.C. 2255.
    no reversible error.
    oral

    argument

    We have reviewed the record and find

    Accordingly, we affirm.

    because

    the

    facts

    and

    legal

    We dispense with
    contentions

    are

    adequately presented in the materials before the court and argument


    would not aid the decisional process.

    AFFIRMED

    - 2 -

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