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

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    John David Mooney pled guilty to possession of a firearm by a convicted felon. He later filed a motion to withdraw his guilty plea, which the district court denied. Mooney appealed, arguing the district court erred in denying his motion. The Fourth Circuit affirmed the district court's ruling, finding no abuse of discretion. The Fourth Circuit also denied Mooney's motion to stay the case and dispensed with oral argument.

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    Filed: 2004-03-22 Precedential Status: Non-Precedential Docket: 03-4433

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    John David Mooney pled guilty to possession of a firearm by a convicted felon. He later filed a motion to withdraw his guilty plea, which the district court denied. Mooney appealed, arguing the district court erred in denying his motion. The Fourth Circuit affirmed the district court's ruling, finding no abuse of discretion. The Fourth Circuit also denied Mooney's motion to stay the case and dispensed with oral argument.

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

    Uploaded by

    Scribd Government Docs
    John David Mooney pled guilty to possession of a firearm by a convicted felon. He later filed a motion to withdraw his guilty plea, which the district court denied. Mooney appealed, arguing the district court erred in denying his motion. The Fourth Circuit affirmed the district court's ruling, finding no abuse of discretion. The Fourth Circuit also denied Mooney's motion to stay the case and dispensed with oral argument.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 03-4433

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    JOHN DAVID MOONEY,
    Defendant - Appellant.

    Appeal from the United States District Court for the Southern
    District of West Virginia, at Huntington.
    Robert C. Chambers,
    District Judge. (CR-02-231)

    Submitted:

    October 22, 2003

    Decided:

    March 22, 2004

    Before WILKINSON, NIEMEYER, and LUTTIG, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    W. Michael Frazier, FRAZIER & OXLEY, L.C., Huntington, West


    Virginia, for Appellant. Kasey Warner, United States Attorney,
    Miller A. Bushong III, Assistant United States Attorney,
    Charleston, West Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    John David Mooney pled guilty to possession of a firearm
    by a convicted felon in violation of 18 U.S.C. 922(g), 924(a)(2)
    (2000).

    On appeal, he alleges that the district court erred by

    denying his motion to withdraw his guilty plea.

    We do not find

    that the district court abused its discretion in denying Mooneys


    motion to withdraw.
    (4th Cir. 2000).
    stay case.

    United States v. Ubakanma, 215 F.3d 421, 424

    Thus, we affirm.

    We also deny Mooneys motion to

    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.

    AFFIRMED

    - 2 -

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