United States of America v. Amado Antonio Cartagena

ON REHEARING
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-6100
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
AMADO ANTONIO CARTAGENA,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Frank D. Whitney,
District Judge. (3:06-cr-00153-FDW-DCK-1)
Submitted: June 18, 2009 Decided: November 18, 2009
Before NIEMEYER, GREGORY, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Amado Antonio Cartagena, Appellant Pro Se. Amy Elizabeth Ray,
Assistant United States Attorney, Asheville, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Amado Antonio Cartagena pled guilty without a plea
agreement to unlawful reentry into the United States by a
deported alien, in violation of 8 U.S.C. § 1326(a), (b)(2)
(2006), and was sentenced to eighty months in prison. Cartagena
appealed, and on February 22, 2008, we affirmed his conviction
and sentence. See United States v. Cartagena, 266 F. App’x 286
(4th Cir. Feb. 22, 2008) (No. 07-4530). Cartagena now seeks to
file a second appeal of his conviction and sentence. We have
previously affirmed this judgment, and we dismiss the appeal as
duplicative and untimely. We dispense with oral argument
because the facts and legal contentions are adequately presented
in the materials before the court and argument would not aid the
decisional process.
DISMISSED

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