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

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    The United States Court of Appeals for the Fourth Circuit dismissed Luicito Nervil's appeal of a district court's denial of his motion under 28 U.S.C.A. § 2255 to vacate, set aside, or correct his sentence. The appellate court reviewed the record and found no reversible error in the district court's acceptance of the magistrate judge's recommendation. The appellate court denied Nervil's request for a certificate of appealability and dismissed the appeal based on the district court's reasoning.

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    Filed: 1998-12-03 Precedential Status: Non-Precedential Docket: 98-7355

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    The United States Court of Appeals for the Fourth Circuit dismissed Luicito Nervil's appeal of a district court's denial of his motion under 28 U.S.C.A. § 2255 to vacate, set aside, or correct his sentence. The appellate court reviewed the record and found no reversible error in the district court's acceptance of the magistrate judge's recommendation. The appellate court denied Nervil's request for a certificate of appealability and dismissed the appeal based on the district court's reasoning.

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    8 views2 pages

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

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Luicito Nervil's appeal of a district court's denial of his motion under 28 U.S.C.A. § 2255 to vacate, set aside, or correct his sentence. The appellate court reviewed the record and found no reversible error in the district court's acceptance of the magistrate judge's recommendation. The appellate court denied Nervil's request for a certificate of appealability and dismissed the appeal based on the district court's reasoning.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 98-7355

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    LUICITO NERVIL,
    Defendant - Appellant.

    Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. James A. Beaty, Jr., District Judge. (CR-89-112-G, CA-97-627-2)

    Submitted:

    November 19, 1998

    Decided:

    December 3, 1998

    Before HAMILTON and WILLIAMS, Circuit Judges, and BUTZNER, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.


    Luicito Nervil, Appellant Pro Se. Benjamin H. White, Jr., Assistant
    United States Attorney, Greensboro, 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 motion filed under 28 U.S.C.A. 2255 (West 1994 & Supp. 1998).
    We have reviewed the record and the district courts opinion
    accepting the recommendation of the magistrate judge 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. Nervil, No. CR-89-112-G; CA-97-627-2 (M.D.N.C. May
    12, 1998). 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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