United States of America v. Linwood Gerald Kenny

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6059
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LINWOOD GERALD KENNY,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Frank D. Whitney,
District Judge. (3:01-cr-00185-FDW-1)
Submitted: August 21, 2008 Decided: August 26, 2008
Before WILLIAMS, Chief Judge, and KING and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Linwood Gerald Kenny, Appellant Pro Se. Karen S. Marston, OFFICE OF
THE UNITED STATES ATTORNEY, Gretchen C.F. Shappert, United States
Attorney, Charlotte, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Linwood Gerald Kenny appeals the district court’s order
construing his motion for an evidentiary hearing as a criminal
motion contesting the Government’s failure to file a Fed. R. Crim.
P. 35 motion. We have reviewed the record and find no reversible
error. Accordingly, we affirm for the reasons stated by the
district court. United States v. Kenny, No. 3:01-cr-00185-FDW-1
(W.D.N.C. Nov. 26, 2007). 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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