US v. Jermaine Ro


UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:13-cr-00263-RJC-14 Copies to all parties and the district court/agency. [1000028037]. Mailed to: Jermaine Ross. [16-7507]

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Appeal: 16-7507 Doc: 7 Filed: 02/22/2017 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-7507 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. JERMAINE ANTONIO ROSS, a/k/a Rock, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Robert J. Conrad, Jr., District Judge. (3:13-cr-00263-RJC-14) Submitted: February 16, 2017 Before GREGORY, Chief Judge, HAMILTON, Senior Circuit Judge. Decided: DUNCAN, February 22, 2017 Circuit Judge, and Affirmed by unpublished per curiam opinion. Jermaine Antonio Ross, Appellant Pro Se. William Michael Miller, Assistant United States Attorney, Charlotte, North Carolina; Paul Bradford Taylor, OFFICE OF THE UNITED STATES ATTORNEY, Asheville, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-7507 Doc: 7 Filed: 02/22/2017 Pg: 2 of 2 PER CURIAM: Jermaine order Antonio denying his Ross request sentencing transcripts. transcript is assistance of counsel for Ross necessary (2012) motion. appeals to in a from free the copies contends support a district of that his claim yet-to-be-filed his of 28 court’s plea and sentencing ineffective U.S.C. § 2255 Because Ross has no pending § 2255 motion, and he may adequately raise his ineffective assistance of counsel claim in a § 2255 motion without the preparation transcripts, we affirm the district court’s judgment. of the If Ross files a § 2255 motion, the district court may then consider whether an answer is required and whether transcript preparation or some other form of discovery is necessary to decide Ross’ claim. See Rule 4(b), Rules Governing Section 2255 Proceedings (requiring court to examine § 2255 motion and determine if answer is required); Rule 5(c) (providing that court may order government to furnish transcripts); Rule 6(a) (allowing district court to authorize discovery for good cause). 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

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