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

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    Carlo Malone appealed the district court's denial of his motion under 28 U.S.C.A. § 2255 to vacate, set aside, or correct his sentence. The Fourth Circuit Court of Appeals reviewed the record and found no reversible error in the district court's decision. The appeals court denied Malone's request for a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning that Malone was not entitled to relief under § 2255.

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    Filed: 2002-05-02 Precedential Status: Non-Precedential Docket: 01-7722

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    Carlo Malone appealed the district court's denial of his motion under 28 U.S.C.A. § 2255 to vacate, set aside, or correct his sentence. The Fourth Circuit Court of Appeals reviewed the record and found no reversible error in the district court's decision. The appeals court denied Malone's request for a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning that Malone was not entitled to relief under § 2255.

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    21 views2 pages

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

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    Scribd Government Docs
    Carlo Malone appealed the district court's denial of his motion under 28 U.S.C.A. § 2255 to vacate, set aside, or correct his sentence. The Fourth Circuit Court of Appeals reviewed the record and found no reversible error in the district court's decision. The appeals court denied Malone's request for a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning that Malone was not entitled to relief under § 2255.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 01-7722

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    CARLO GARRETTE MALONE, a/k/a Pokie,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Norfolk. Jerome B. Friedman, District
    Judge. (CR-97-117, CA-01-75-2)

    Submitted:

    April 25, 2002

    Decided:

    May 2, 2002

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


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.


    Carlo Garrette Malone, Appellant Pro Se. Janet S. Reincke, OFFICE
    OF THE UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Carlo Garrette Malone 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 opinion
    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. Malone, Nos. CR-97-117; CA-

    01-75-2 (E.D. Va. July 27, 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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