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    United States v. Hayes, 4th Cir. (1998)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from the United States District Court for the Southern District of West Virginia. The appellant sought to appeal the district court's denial of his motion under 28 U.S.C.A. § 2255 to vacate, set aside or correct his sentence. The appeals court reviewed the record and found no reversible error in the district court's acceptance of the magistrate judge's recommendation. The appeals court therefore denied a certificate of appealability and dismissed the appeal, relying on the reasoning of the district court.

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    United States v. Hayes, 4th Cir. (1998)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from the United States District Court for the Southern District of West Virginia. The appellant sought to appeal the district court's denial of his motion under 28 U.S.C.A. § 2255 to vacate, set aside or correct his sentence. The appeals court reviewed the record and found no reversible error in the district court's acceptance of the magistrate judge's recommendation. The appeals court therefore denied a certificate of appealability and dismissed the appeal, relying on the reasoning of the district court.

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    Filed: 1998-09-23 Precedential Status: Non-Precedential Docket: 98-6065

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from the United States District Court for the Southern District of West Virginia. The appellant sought to appeal the district court's denial of his motion under 28 U.S.C.A. § 2255 to vacate, set aside or correct his sentence. The appeals court reviewed the record and found no reversible error in the district court's acceptance of the magistrate judge's recommendation. The appeals court therefore denied a certificate of appealability and dismissed the appeal, relying on the reasoning of the district court.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    9 views2 pages

    United States v. Hayes, 4th Cir. (1998)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from the United States District Court for the Southern District of West Virginia. The appellant sought to appeal the district court's denial of his motion under 28 U.S.C.A. § 2255 to vacate, set aside or correct his sentence. The appeals court reviewed the record and found no reversible error in the district court's acceptance of the magistrate judge's recommendation. The appeals court therefore denied a certificate of appealability and dismissed the appeal, relying on the reasoning of the district court.

    Copyright:

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 98-6065

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    KEITH GREGORY HAYES,
    Defendant - Appellant.

    Appeal from the United States District Court for the Southern District of West Virginia, at Huntington. Joseph Robert Goodwin, District Judge. (CR-93-12, CA-97-364-3)

    Submitted:

    September 10, 1998

    Decided:

    September 23, 1998

    Before MURNAGHAN, MICHAEL, and MOTZ, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    Theodore Roosevelt Dues, Jr., Charleston, West Virginia, for Appellant. Rebecca A. Betts, United States Attorney, Charleston, West
    Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Appellant seeks to appeal the district courts orders denying
    his motion filed under 28 U.S.C.A. 2255 (West 1994 & Supp. 1997),
    and declining to reconsider that judgment. See Fed. R. Civ. P.
    59(e). We have reviewed the record and the district courts opinion
    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.
    United States v. Hayes, Nos. CR-93-12; CA-97-364-3 (S.D.W. Va. Nov.
    3, 1997; Nov. 25, 1997). 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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