US v. Amado Cartagena

Filing 920091118

ON REHEARING UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6100

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. AMADO ANTONIO CARTAGENA, Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, District Judge. (3:06-cr-00153-FDW-DCK-1)

Submitted:

June 18, 2009

Decided:

November 18, 2009

Before NIEMEYER, GREGORY, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Amado Antonio Cartagena, Appellant Pro Se. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Amado agreement deported to Antonio Cartagena reentry pled guilty without States a plea by a

unlawful in

into of 8

the

United

alien,

violation

U.S.C.

§ 1326(a),

(b)(2)

(2006), and was sentenced to eighty months in prison.

Cartagena

appealed, and on February 22, 2008, we affirmed his conviction and sentence. See United States v. Cartagena, 266 F. App'x 286 Cartagena now seeks to We have

(4th Cir. Feb. 22, 2008) (No. 07-4530).

file a second appeal of his conviction and sentence.

previously affirmed this judgment, and we dismiss the appeal as duplicative and untimely. 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. DISMISSED

2