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  • United States v. Council, 4th Cir. (2008)

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of Herbert Council's "Motion for the Court to Enter an Order for Immediate Relief." The appeals court reviewed the record and found no reversible error, agreeing with the district court's reasoning for denying the motion. The court also denied Council's motion for bail pending appeal and decided oral arguments were not necessary, as the facts and legal issues were clear based on the filed documents.

    Original Description:

    Filed: 2008-01-24 Precedential Status: Non-Precedential Docket: 07-7170

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of Herbert Council's "Motion for the Court to Enter an Order for Immediate Relief." The appeals court reviewed the record and found no reversible error, agreeing with the district court's reasoning for denying the motion. The court also denied Council's motion for bail pending appeal and decided oral arguments were not necessary, as the facts and legal issues were clear based on the filed documents.

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    9 views2 pages

    United States v. Council, 4th Cir. (2008)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of Herbert Council's "Motion for the Court to Enter an Order for Immediate Relief." The appeals court reviewed the record and found no reversible error, agreeing with the district court's reasoning for denying the motion. The court also denied Council's motion for bail pending appeal and decided oral arguments were not necessary, as the facts and legal issues were clear based on the filed documents.

    Copyright:

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-7170

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    HERBERT COUNCIL,
    Defendant - Appellant.

    Appeal from the United States District Court for the Western
    District of North Carolina, at Charlotte. Graham C. Mullen, Senior
    District Judge. (3:92-cr-00097-GCM)

    Submitted:

    January 17, 2008

    Decided:

    January 24, 2008

    Before TRAXLER, SHEDD, and DUNCAN, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Herbert Council, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Herbert

    Council

    appeals

    the

    district

    courts

    order

    denying his Motion for the Court to Enter an Order for Immediate
    Relief. We have reviewed the record and find no reversible error.
    Accordingly, we affirm for the reasons stated by the district
    court.

    United States v. Council, No. 3:92-cr-00097-GCM (W.D.N.C.

    July 24, 2007).


    and

    dispense

    We deny Councils motion for bail pending appeal

    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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