United States v. Miller

U.S. Court of Appeals for the Fourth Circuit October 21, 2005

United States v. Miller, 146 F. App'x 658 (4th Cir. 2005)

Opinion

PER CURIAM:

Kevin Miller appeals the district court’s order denying his “motion for recall of judgment,” 1 in which he asserted the court should have allowed him to withdraw his *659 28 U.S.C. § 2255 (2000) motion so that he could file a petition for certiorari with the Supreme Court in his direct appeal. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See United States v. Miller, Nos. CR-02-133-DWS; CA-03-3964-22-3 (D.S.C. May 16, 2005). 2 We deny Miller’s pending motions for a certificate of appealability as unnecessary and 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.

AFFIRMED

. Miller titled the motion as a “Motion to Recall Mandate.” (R. 16).

. We also note that Miller did in fact file a petition for certiorari with the Supreme Court, which was denied June 28, 2004.

Reference

Full Case Name: UNITED STATES of America, Plaintiff—Appellee, v. Kevin MILLER, Defendant—Appellant
Status: Unpublished