US v. Julien Modica

Filing 920091005

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6446 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JULIEN K. MODICA, a/k/a Julien Dilks, MPH, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, Senior District Judge. (7:93-cr-00091-jct-1) Submitted: September 29, 2009 Decided: October 5, 2009 Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges. Affirmed by unpublished per curiam opinion. Julien K. Modica, Appellant Pro Se. Thomas Linn Eckert, Assistant United States Attorney, Roanoke, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Julien K. Modica appeals the district court's order denying his petition for a writ of error coram nobis. reviewed the record and find no reversible error. We have Accordingly, United we affirm for the reasons stated by the district court. States v. Modica, No. 7:93-cr-00091-jct-1 (W.D. Va. Feb. 27, 2009). We grant Modica's motions to file supplemental materials and deny his motions to prevent the unavailability of a witness. 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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