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

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6962
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
KEVIN MILLER,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Columbia. Cameron McGowan Currie, District
Judge. (CR-02-133-DWS; CA-03-3964-22-3)
Submitted: October 18, 2005 Decided: October 21, 2005
Before WIDENER, MICHAEL, and MOTZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Kevin Miller, Appellant Pro Se. William Kenneth Witherspoon, OFFICE
OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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 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
1
Miller titled the motion as a “Motion to Recall Mandate.”
(R. 16).
2
We also note that Miller did in fact file a petition for
certiorari with the Supreme Court, which was denied June 28, 2004.
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