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  • United States v. Garcia, 4th Cir. (2002)

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    This document summarizes a United States Court of Appeals case. It discusses an appeal by Sixto Marcelino Garcia 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 circuit court reviewed the record and found no reversible error in the district court's ruling. It therefore denied Garcia's request for a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning.

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    Filed: 2002-02-11 Precedential Status: Non-Precedential Docket: 01-7750

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    This document summarizes a United States Court of Appeals case. It discusses an appeal by Sixto Marcelino Garcia 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 circuit court reviewed the record and found no reversible error in the district court's ruling. It therefore denied Garcia's request for a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning.

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    Public Domain
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    11 views2 pages

    United States v. Garcia, 4th Cir. (2002)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case. It discusses an appeal by Sixto Marcelino Garcia 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 circuit court reviewed the record and found no reversible error in the district court's ruling. It therefore denied Garcia's request for a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 01-7750

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    SIXTO MARCELINO GARCIA,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh. Terrence W. Boyle, Chief
    District Judge. (CR-98-87, CA-01-332-5-BO)

    Submitted:

    January 31, 2002

    Decided:

    February 11, 2002

    Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    Sixto Marcelino Garcia, Appellant Pro Se. Robert Edward Skiver,
    Assistant United States Attorney, Raleigh, North Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Sixto Marcelino Garcia seeks to appeal the district courts
    order denying his motion filed under 28 U.S.C.A. 2255 (West Supp.
    2001).

    We have reviewed the record and the district courts opin-

    ion and find no reversible error.

    Accordingly, we deny a certif-

    icate of appealability and dismiss the appeal on the reasoning of


    the district court. United States v. Garcia, Nos. CR-98-87; CA-01332-5-BO (E.D.N.C. Oct. 1, 2001).

    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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