US v. Cleveland Kilgore, Jr.

Filing 920100128

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-8090 UNITED STATES OF AMERICA, Plaintiff Appellee, v. CLEVELAND WINSTON KILGORE, JR., a/k/a Poochie, Defendant Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T.S. Ellis, III, Senior District Judge. (1:01-cr-00123-TSE-1; 1:09-cv-01086-TSE) Submitted: January 19, 2010 Decided: January 28, 2010 Before NIEMEYER, KING, and DAVIS, Circuit Judges. Affirmed by unpublished per curiam opinion. Cleveland Winston Kilgore, Jr., Appellant Pro Se. Thomas Higgins McQuillan, Assistant United States Attorney, Alexandria, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Cleveland Winston Kilgore, Jr., appeals the district court's order denying relief on his "Motion to Vacate and Set Aside Judgment Order Conviction and Sentence," construed as a petition for a writ of error coram nobis. record and find no reversible error. We have reviewed the Accordingly, we affirm for United States v. the reasons stated by the district court. Kilgore, Nos. 1:01-cr-00123-TSE-1, 1:09-cv-01076-TSE (E.D. Va. filed Oct. 28, 2009; entered Oct. 29, 2009). oral argument because in the the facts and legal before We dispense with contentions the court are and adequately presented materials argument would not aid the decisional process. AFFIRMED 2

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