US v. Kirk Loney

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:02-cr-00290-REP-1,3:11-cv-00337-REP Copies to all parties and the district court/agency. [999802850]. Mailed to: Kirk Loney. [15-7817]

Appeal: 15-7817

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Filed: 04/25/2016

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7817

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KIRK L. LONEY,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Robert E. Payne, Senior
District Judge. (3:02-cr-00290-REP-1; 3:11-cv-00337-REP)

Submitted:

April 21, 2016

Decided:

April 25, 2016

Before WILKINSON, KING, and KEENAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Kirk L. Loney, Appellant Pro Se. Michael Steven Dry, Stephen Wiley
Miller, Assistant United States Attorneys, Michael Arlen Jagels,
Special Assistant United States Attorney, Matthew Childs Ackley,
OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-7817

Doc: 9

Filed: 04/25/2016

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PER CURIAM:
Kirk

L.

Loney

appeals

from

the

district

court’s

order

construing his Fed. R. Civ. P. 60(b) motion as an unauthorized
successive 28 U.S.C. § 2255 (2012) motion and dismissing it on
that basis.
error.

We have reviewed the record and find no reversible

Accordingly, we affirm for the reasons stated by the

district court.

United States v. Loney, Nos. 3:02-cr-000290-REP-

1; 3:11-cv-00337-REP (E.D. Va. Sept. 10, 2015).

We dispense with

oral

contentions

argument

adequately

because

presented

in

the
the

facts

and

materials

legal
before

this

court

are
and

argument would not aid the decisional process.

AFFIRMED

2