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    The United States Court of Appeals for the Fourth Circuit dismissed Leroy Anthony Thomas's appeal of the district court's denial of his motion for a certified copy of the jury instructions from his previous §2255 motion. The Fourth Circuit found that Thomas was not entitled to the jury instructions at this stage since his §2255 motion had already been decided. The court denied a certificate of appealability and dismissed the appeal without oral argument.

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    Filed: 2002-06-19 Precedential Status: Non-Precedential Docket: 02-6526

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    The United States Court of Appeals for the Fourth Circuit dismissed Leroy Anthony Thomas's appeal of the district court's denial of his motion for a certified copy of the jury instructions from his previous §2255 motion. The Fourth Circuit found that Thomas was not entitled to the jury instructions at this stage since his §2255 motion had already been decided. The court denied a certificate of appealability and dismissed the appeal without oral argument.

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    15 views2 pages

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

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Leroy Anthony Thomas's appeal of the district court's denial of his motion for a certified copy of the jury instructions from his previous §2255 motion. The Fourth Circuit found that Thomas was not entitled to the jury instructions at this stage since his §2255 motion had already been decided. The court denied a certificate of appealability and dismissed the appeal without oral argument.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-6526

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    LEROY ANTHONY THOMAS,
    Defendant - Appellant.

    Appeal from the United States District Court for the District of
    Maryland, at Baltimore. Benson E. Legg, District Judge. (CR-98111-HNM, CA-00-3317-HNM)

    Submitted:

    June 13, 2002

    Decided:

    June 19, 2002

    Before WIDENER, LUTTIG, and WILLIAMS, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    Leroy Anthony Thomas, Appellant Pro Se. Andrew Clayton White, James
    Clarke Howard, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore,
    Maryland, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Leroy Anthony Thomas seeks to appeal the district courts
    order denying his motion for production of a certified copy of the
    jury instructions in relation to his previously adjudicated motion
    filed under 28 U.S.C.A. 2255 (West Supp. 2001).

    Thomas 2255

    motion has been finally decided, and he is accordingly not entitled


    to a transcript of the jury instructions at this juncture.
    U.S.C. 753(f) (1994).

    See 28

    Thus, we conclude the district courts

    denial of Thomas motion is proper.

    Accordingly, we deny a

    certificate of appealability and dismiss the appeal.

    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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