United States of America v. Curtis Burston, Jr.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7610
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CURTIS BURSTON, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. James C. Fox, Senior
District Judge. (5:04-cr-00371-F-2; 5:08-cv-00087-F)
Submitted: November 19, 2009 Decided: December 4, 2009
Before MOTZ, GREGORY, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Curtis Burston, Jr., Appellant Pro Se. Steve R. Matheny,
Assistant United States Attorney, Kimberly Ann Moore, OFFICE OF
THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Curtis Burston, Jr., appeals from a district court
order denying his motion to reconsider the denial of his motion
for a writ of audita querela. We have reviewed the district
court’s order and the record and affirm on the reasoning of the
district court. See United States v. Burston, No. 5:04-cr-
00371-F-2 (E.D.N.C. Aug. 5, 2009). 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.
AFFIRMED

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