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  • Hughes v. de Walt, 4th Cir. (1997)

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    The United States Court of Appeals for the Fourth Circuit dismissed Christopher Hughes' appeal of the district court's denial of his motion filed under 28 U.S.C. § 2255. The appellate court reviewed the district court record and found no reversible error in the denial. It denied a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning. The appellate court found oral arguments were not necessary to aid in its decision.

    Original Description:

    Filed: 1997-12-24 Precedential Status: Non-Precedential Docket: 97-6754

    Original Title

    Hughes v. De Walt, 4th Cir. (1997)

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    The United States Court of Appeals for the Fourth Circuit dismissed Christopher Hughes' appeal of the district court's denial of his motion filed under 28 U.S.C. § 2255. The appellate court reviewed the district court record and found no reversible error in the denial. It denied a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning. The appellate court found oral arguments were not necessary to aid in its decision.

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    Public Domain
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    5 views2 pages

    Hughes v. de Walt, 4th Cir. (1997)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Christopher Hughes' appeal of the district court's denial of his motion filed under 28 U.S.C. § 2255. The appellate court reviewed the district court record and found no reversible error in the denial. It denied a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning. The appellate court found oral arguments were not necessary to aid in its decision.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 97-6754

    CHRISTOPHER LYMAN HUGHES,


    Plaintiff - Appellant,
    versus
    WARDEN DE WALT,
    Defendant - Appellee.

    Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District
    Judge. (CR-90-92-G, CA-97-398-AM)
    Submitted:

    December 11, 1997

    Decided:

    December 24, 1997

    Before HALL and WILLIAMS, Circuit Judges, and PHILLIPS, Senior


    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Christopher Lyman Hughes, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).

    PER CURIAM:
    Christopher Hughes seeks to appeal the district court's order
    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
    opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning
    of the district court. Hughes v. De Walt, Nos. CR-90-92-G; CA-97398-AM (E.D. Va. May 5, 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

    While Hughes originally filed for relief under 28 U.S.C.


    2241 (1994), the district court properly construed his action as
    a 2255 motion.
    2

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