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

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Justo Enrique Jay. The court reviewed Jay's appeal of the district court's denial of his motions under 28 U.S.C. § 2255 and 28 U.S.C. § 1651, as well as the denial of a certificate of appealability. The Fourth Circuit found no reversible error in the district court's rulings and dismissed Jay's appeal based on the reasoning provided by the district court in its orders from May 12 and July 21, 1998. As a result, the Fourth Circuit also dismissed as moot Jay's appeal of the denial of a certificate of appealability.

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    Filed: 1998-10-27 Precedential Status: Non-Precedential Docket: 98-7055

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Justo Enrique Jay. The court reviewed Jay's appeal of the district court's denial of his motions under 28 U.S.C. § 2255 and 28 U.S.C. § 1651, as well as the denial of a certificate of appealability. The Fourth Circuit found no reversible error in the district court's rulings and dismissed Jay's appeal based on the reasoning provided by the district court in its orders from May 12 and July 21, 1998. As a result, the Fourth Circuit also dismissed as moot Jay's appeal of the denial of a certificate of appealability.

    Copyright:

    Public Domain
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    9 views3 pages

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

    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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Justo Enrique Jay. The court reviewed Jay's appeal of the district court's denial of his motions under 28 U.S.C. § 2255 and 28 U.S.C. § 1651, as well as the denial of a certificate of appealability. The Fourth Circuit found no reversible error in the district court's rulings and dismissed Jay's appeal based on the reasoning provided by the district court in its orders from May 12 and July 21, 1998. As a result, the Fourth Circuit also dismissed as moot Jay's appeal of the denial of a certificate of appealability.

    Copyright:

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 98-7055

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    JUSTO ENRIQUE JAY,
    Defendant - Appellant.

    No. 98-7215

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    JUSTO ENRIQUE JAY,
    Defendant - Appellant.

    Appeals from the United States District Court for the Western
    District of North Carolina, at Charlotte. Robert D. Potter, Senior
    District Judge. (CR-88-20-C, CR-88-21, CA-97-202-P)

    Submitted:

    October 8, 1998

    Decided:

    October 27, 1998

    Before WIDENER, NIEMEYER, and MICHAEL, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    William F.W. Massengale, MASSENGALE & OZER, Chapel Hill, North
    Carolina; John Kenneth Zwerling, ZWERLING & KEMLER, Alexandria,
    Virginia, for Appellant. 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:
    Appellant seeks to appeal the district courts order denying
    his motions filed under 28 U.S.C. 2255 (1994) and 28 U.S.C.
    1651 (1994) and the district courts order denying Appellants
    motion to issue a certificate of appealability. 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. Jay, Nos. CR-88-20-C; CR-88-21; CA-97-202-P (W.D.N.C. May
    12 & July 21, 1998). We therefore dismiss Appellants appeal of the
    district courts order denying his motion to issue a certificate of
    appealability as moot. 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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