United States v. Brenda Ware

U.S. Court of Appeals for the Fourth Circuit

United States v. Brenda Ware

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 15-6970

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

BRENDA KAY WARE,

Defendant – Appellant.

Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. Frederick P. Stamp, Jr., Senior District Judge. (5:97-cr-00047-FPS-2)

Argued: December 8, 2015 Decided: January 5, 2016

Before TRAXLER, Chief Judge, SHEDD, Circuit Judge, and Elizabeth K. DILLON, United States District Judge for the Western District of Virginia, sitting by designation.

Affirmed by unpublished per curiam opinion.

ARGUED: Jason Paul Steed, BELL NUNNALLY & MARTIN LLP, Dallas, Texas, for Appellant. Donald M. Kersey, III, WEST VIRGINIA UNIVERSITY COLLEGE OF LAW, Morgantown, West Virginia, for Appellee. ON BRIEF: William J. Ihlenfeld, II, United States Attorney, Tara N. Tighe, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Wheeling, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

In 1997, a federal jury convicted Brenda Kay Ware of

conspiracy to defraud the United States, in violation of

18 U.S.C. § 371

; two counts of fraud by wire, radio, or television,

in violation of

18 U.S.C. § 1343

; and one count of making a

false or fictitious statement, in violation of

18 U.S.C. § 1001

.

The district court sentenced her to ten months of imprisonment

and a three-year term of supervised release. In February 2015,

Ware wrote a letter to the district judge who imposed the

sentence, asking that the court seal the record of her criminal

conviction. The court construed the letter as either a motion to

seal or a motion to expunge, and it denied relief.

Having reviewed the record, and having had the benefit of

oral argument, we find no error. Accordingly, we affirm the

district court’s denial of relief.

AFFIRMED

2

Reference

Status
Unpublished