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  • Casanova v. United States, 4th Cir. (2001)

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

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    Filed: 2001-12-27 Precedential Status: Non-Precedential Docket: 01-6665

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

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    5 views2 pages

    Casanova v. United States, 4th Cir. (2001)

    Uploaded by

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

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 01-6665

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    AUDLEY CASANOVA, a/k/a Robert King,
    Defendant - Appellant.

    Appeal from the United States District Court for the Middle District of North Carolina, at Winston-Salem. Frank W. Bullock, Jr.,
    District Judge. (CR-95-108, CA-99-1100-1)

    Submitted:

    December 20, 2001

    Decided:

    December 27, 2001

    Before LUTTIG, TRAXLER, and GREGORY, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    Audley Casanova, Appellant Pro Se. Clifton Thomas Barrett, 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:
    Audley Casanova 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 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. See United States v. Casanova, Nos. CR-95-108; CA-99-1100-1
    (M.D.N.C. filed Mar. 21, 2001, entered Mar. 23, 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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