United States of America v. Arthur Lee Hairston, Sr.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-6683
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ARTHUR LEE HAIRSTON, SR.,
Defendant - Appellant.
Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg. John Preston Bailey,
Chief District Judge. (3:00-cr-00024-JPB-1)
Submitted: September 10, 2009 Decided: September 14, 2009
Before KING, DUNCAN, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Arthur Lee Hairston, Sr., Appellant Pro Se. Paul Thomas
Camilletti, Assistant United States Attorney, Martinsburg, West
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

-- 1 of 2 --

2
PER CURIAM:
Arthur Lee Hairston, Sr., appeals the district court’s
order accepting the recommendation of the magistrate judge and
denying his petition for a writ of audita querela. We have
reviewed the record and find no reversible error. Accordingly,
we affirm for the reasons stated by the district court. United
States v. Hairston, No. 3:00-cr-00024-JPB-1 (N.D.W. Va. Mar. 30,
2009). We deny Hairston’s motions for appointment of counsel
and a certificate of appealability. 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

-- 2 of 2 --