US v. Johnny Miller

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:92-cr-00101-GCM-1 Copies to all parties and the district court/agency. [998726021]. Mailed to: Johnny Miller. [11-6949]

Appeal: 11-6949

Document: 6

Date Filed: 11/18/2011

Page: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-6949

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
JOHNNY BERNARD MILLER, a/k/a Bernard Miller.
Defendant - Appellant.

Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Graham C. Mullen,
Senior District Judge. (3:92-cr-00101-GCM-1)

Submitted:

November 15, 2011

Decided:

November 18, 2011

Before NIEMEYER and KEENAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Affirmed by unpublished per curiam opinion.

Johnny Bernard Miller, Appellant Pro Se. Thomas Tullidge Cullen,
OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-6949

Document: 6

Date Filed: 11/18/2011

Page: 2 of 2

PER CURIAM:
Johnny
court’s

text

Bernard

orders

Miller

denying

his

appeals
motions

from
for

criminal judgment and appointment of counsel.
he

was

neither

actually
the

innocent

federal

of

statutes

his

criminal

nor

the

the

district

relief

from

Miller asserted

charges.

Rules

his

of

However,

Criminal

and

Appellate Procedure provide for a motion to reopen or a motion
for reconsideration in a criminal case.

Miller must seek relief

under 28 U.S.C.A. §§ 2241, 2255 (West Supp. 2011).
States

v.

Breit,

754

F.2d

526,

530-31

(4th

See United
Cir.

1985).

Accordingly, we affirm the orders of the district court.
dispense

with

oral

argument

because

the

facts

and

We

legal

contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.

AFFIRMED

2