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

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    Sean McKarn appealed the district court's denial of his motion to vacate, set aside or correct his sentence under 28 U.S.C. § 2255. The Fourth Circuit Court of Appeals reviewed the record and agreed with the district court that McKarn did not make a substantial showing of a denial of a constitutional right. As a result, the appeals court denied a certificate of appealability and dismissed the appeal. The court dispensed with oral argument, finding the facts and legal issues were adequately presented in the materials before the court.

    Original Description:

    Filed: 2002-12-20 Precedential Status: Non-Precedential Docket: 02-7307

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    Sean McKarn appealed the district court's denial of his motion to vacate, set aside or correct his sentence under 28 U.S.C. § 2255. The Fourth Circuit Court of Appeals reviewed the record and agreed with the district court that McKarn did not make a substantial showing of a denial of a constitutional right. As a result, the appeals court denied a certificate of appealability and dismissed the appeal. The court dispensed with oral argument, finding the facts and legal issues were adequately presented in the materials before the court.

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    3 views2 pages

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

    Uploaded by

    Scribd Government Docs
    Sean McKarn appealed the district court's denial of his motion to vacate, set aside or correct his sentence under 28 U.S.C. § 2255. The Fourth Circuit Court of Appeals reviewed the record and agreed with the district court that McKarn did not make a substantial showing of a denial of a constitutional right. As a result, the appeals court denied a certificate of appealability and dismissed the appeal. The court dispensed with oral argument, finding the facts and legal issues were adequately presented in the materials before the court.

    Copyright:

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-7307

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    SEAN MCKARN,
    Defendant - Appellant.

    Appeal from the United States District Court for the Northern
    District of West Virginia, at Wheeling. Frederick P. Stamp, Jr.,
    District Judge. (CR-99-11, CA-00-194-5)

    Submitted:

    November 27, 2002

    Decided:

    December 20, 2002

    Before WILKINS, KING, and GREGORY, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Sean McKarn, Appellant Pro Se.


    Samuel Gerald Nazzaro, Jr.,
    Assistant United States Attorney, Wheeling, West Virginia, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Sean McKarn seeks to appeal the district courts order denying
    relief on his motion filed under 28 U.S.C. 2255 (2000).

    We have

    reviewed the record and conclude for the reasons stated by the
    district court that McKarn has not made a substantial showing of
    the denial of a constitutional right. See United States v. McKarn,
    Nos. CR-99-11; CA-00-194-5 (N.D.W. Va. July 26, 2002). Accordingly,
    we deny a certificate of appealability and dismiss the appeal. See
    28 U.S.C. 2253(c) (2000). 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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