United States of America v. Wendell Edward Betancourt

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6693
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
WENDELL EDWARD BETANCOURT,
Defendant - Appellant.
Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg. W. Craig Broadwater,
District Judge. (CR-01-25-WCB; CA-04-77)
Submitted: September 29, 2005 Decided: October 7, 2005
Before WILKINSON, KING, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Wendell Edward Betancourt, Appellant Pro Se. Thomas Oliver
Mucklow, Assistant United States Attorney, Martinsburg, West
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Wendell E. Betancourt appeals for the second time the
district court's December 13, 2004, order denying his motion for
recusal. We deny a certificate of appealability and dismiss the
appeal as duplicative because this court previously disposed of his
first appeal from the same order. See United States v. Betancourt,
128 Fed. Appx. 335, 2005 WL 1060580 (4th Cir. May 6, 2005)
(unpublished). 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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