US v. Jerry Davi

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 6:03-cr-01092-HMH-11. Copies to all parties and the district court/agency. [999417971]. Mailed to: Jerry Davis. [14-6866]

Appeal: 14-6866

Doc: 7

Filed: 08/19/2014

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-6866

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JERRY DAVIS,
Defendant - Appellant.

Appeal from the United States District Court for the District of
South Carolina, at Greenville.
Henry M. Herlong, Jr., Senior
District Judge. (6:03-cr-01092-HMH-11)

Submitted:

August 12, 2014

Decided:

August 19, 2014

Before NIEMEYER, WYNN, and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Jerry Davis, Appellant Pro Se.
Leesa Washington, Assistant
United
States
Attorney,
Greenville,
South
Carolina,
for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 14-6866

Doc: 7

Filed: 08/19/2014

Pg: 2 of 2

PER CURIAM:
Jerry Davis appeals the district court’s order denying
his

motion

recognizing

for

recusal.

that

there

We

is

have

reviewed

no

pending

action

the
in

record
the

and,

district

court, we conclude that the court did not abuse its discretion.
See United States v. Whorley, 550 F.3d 326, 339 (4th Cir. 2008)
(stating standard of review); see also United States v. Sciarra,
851 F.2d 621, 636 (3d Cir. 1988) (disqualification not called
for

when

movants

have

Accordingly, we affirm.

no

pending

action

before

the

judge).

We dispense with oral argument because

the facts and legal contentions are adequately presented in the
materials

before

this

court

and

argument

would

not

aid

the

decisional process.
AFFIRMED

2