U.S. Court of Appeals for the Fourth Circuit, 2016

United States v. Marquis Nelson

United States v. Marquis Nelson
U.S. Court of Appeals for the Fourth Circuit · Decided October 18, 2016 · Niemeyer, Duncan, Wynn
669 F. App'x 665

United States v. Marquis Nelson

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Marquis Anthony Nelson appeals the district court’s order denying his motion for an evidentiary hearing. We have reviewed the record and find no reversible error. However, we affirm as modified to reflect that Nelson’s motion is dismissed without prejudice for lack of jurisdiction. See United States v. Modanlo, 762 F.3d 403, 408 (4th Cir. 2014) (holding that “district court does not regain jurisdiction until the issuance of the mandate by the clerk of the court of appeals” (internal quotation marks omitted)). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED AS MODIFIED

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