US v. Billy McCullers, Jr.

Filing

UNPUBLISHED PER CURIAM OPINION filed.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]

Appeal: 16-7131

Doc: 11

Filed: 01/19/2017

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UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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

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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