United States v. Wendell Johnson , 692 F. App'x 131 ( 2017 )


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  •                                      UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 17-6197
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    v.
    WENDELL ANTONIO JOHNSON,
    Defendant - Appellant.
    Appeal from the United States District Court for the Western District of Virginia, at
    Roanoke. Samuel G. Wilson, District Judge. (7:04-cr-00128-MFU-1)
    Submitted: June 20, 2017                                          Decided: June 23, 2017
    Before SHEDD, WYNN, and DIAZ, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Wendell Antonio Johnson, Appellant Pro Se. Jean Barrett Hudson, Assistant United
    States Attorney, Charlottesville, Virginia; Donald Ray Wolthuis, Assistant United States
    Attorney, Roanoke, Virginia, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Wendell Antonio Johnson pled guilty to conspiracy to distribute cocaine and
    cocaine base and related offenses, and the district court sentenced him to 300 months’
    imprisonment. On direct appeal, we affirmed in part and dismissed in part. United
    States v. Johnson, 259 F. App’x 542, 543-45 (4th Cir. 2007) (No. 05-5176). In February
    2017, Johnson filed a second notice of appeal of the same criminal judgment. Because
    we previously affirmed this criminal judgment, we dismiss the appeal as duplicative, and
    we deny his motion to place his appeal in abeyance pending a decision on his state court
    motion. 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 in the
    decisional process.
    DISMISSED
    2
    

Document Info

Docket Number: 17-6197

Citation Numbers: 692 F. App'x 131

Judges: Shedd, Wynn, Diaz

Filed Date: 6/23/2017

Precedential Status: Non-Precedential

Modified Date: 10/19/2024