US v. Billy McCullers, Jr.


UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:07-cr-00049-RBS-JEB-1 Copies to all parties and the district court/agency. [1000006366]. Mailed to: appellant. [16-7131]

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Appeal: 16-7131 Doc: 11 Filed: 01/19/2017 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-7131 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. BILLY R. MCCULLERS, JR., Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Rebecca Beach Smith, Chief District Judge. (4:07-cr-00049-RBS-JEB-1) Submitted: January 17, 2017 Decided: January 19, 2017 Before NIEMEYER, TRAXLER, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. Billy R. McCullers, Jr., Appellant Pro Se. Melissa Elaine O’Boyle, Assistant United States Attorney, Norfolk, Virginia; Howard Jacob Zlotnick, Assistant United States Attorney, Newport News, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-7131 Doc: 11 Filed: 01/19/2017 Pg: 2 of 2 PER CURIAM: Billy R. McCullers, Jr., appeals from the district court’s margin order denying his motion filed in his criminal case under Fed R. Civ. previously P. 15(c)(2) adjudicated to and relate denied back 28 a new U.S.C. claim § to 2255 his (2012) motion. We have reviewed the record and find no reversible error. Accordingly, United States v. and materials legal before affirm McCullers, Va. Aug. 12, 2016). facts we No. the district court’s order. 4:07-cr-00049-RBS-JEB-1 (E.D. We dispense with oral argument because the contentions are adequately this and argument court presented would not in the aid the decisional process. AFFIRMED 2

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