US v. Hernandez

Filing 920061106


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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-7069 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus JOSE TIOFANI DIAZ HERNANDEZ, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at New Bern. Louise W. Flanagan, Chief District Judge. (5:03-cr-228-FL) Submitted: October 31, 2006 Decided: November 6, 2006 Before WILLIAMS, MICHAEL, and GREGORY, Circuit Judges. Affirmed by unpublished per curiam opinion. Jose Tiofani Diaz Hernandez, Appellant Pro Se. Rudolph A. Renfer, Jr., Robert Edward Skiver, Assistant United States Attorneys, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Jose Tiofani Diaz Hernandez appeals the district court's order denying relief on his Fed. R. Civ. P. 52(b) motion. reviewed the record and find no reversible error. We have Accordingly, we United affirm for the reasons stated by the district court. States v. Hernandez, No. 5:03-cr-228-FL-ALL (E.D.N.C. Apr. 19, 2006). 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 the decisional process. AFFIRMED - 2 -

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