United States v. Everett ( 2009 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7495
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DUVELL MOZART EVERETT,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Robert E. Payne, Senior
District Judge. (3:07-cr-00001-REP-1; 3:08-cv-00245-REP)
Submitted: December 15, 2009 Decided: December 18, 2009
Before MICHAEL and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Duvell Mozart Everett, Appellant Pro Se. John Donley Adams,
Assistant United States Attorney, Richmond, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Duvell Mozart Everett seeks to appeal the district
court’s order denying Everett’s 28 U.S.C.A. § 2255 (West Supp.
2009) motion. On appeal, we confine our review to the issues
raised in the Appellant’s brief. See 4th Cir. Rule 34(b).
Everett’s brief fails to challenge the district court’s
dispositive conclusion that he failed to demonstrate ineffective
assistance of counsel. Accordingly, we deny a certificate of
appealability, deny Everett’s motion to appoint counsel, and
dismiss the appeal. 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 in the
decisional process.
DISMISSED
2