Nery G. Ventura v. Dept. of Homeland

04-3651Court of Appeals for the Eighth CircuitDec 30, 2005

Full text

1The Honorable George Howard, Jr., United States District Judge for the
Eastern District of Arkansas.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 05-1040
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Arkansas.
Larry Haney, *
* [UNPUBLISHED]
Appellant. *
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Submitted: December 7, 2005
Filed: December 13, 2005
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Before ARNOLD, FAGG, and SMITH, Circuit Judges.
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PER CURIAM.
Larry Haney appeals the district court’s 1 denial of his motion to expunge his
criminal record and its refusal to reconsider the denial. We cannot say that the district
court abused its discretion in concluding that Haney’s case did not present unusual
or exceptional circumstances warranting the extraordinary remedy of expungement,
or in declining to reconsider the denial of relief. See Schinzing v. Mid-States
Stainless, Inc., 415 F.3d 807, 813 (8th Cir. 2005); Geary v. United States, 901 F.2d

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679, 679-80 (8th Cir. 1990); United States v. Bagley, 899 F.2d 707, 708 (8th Cir.),
cert. denied, 498 U.S. 938 (1990). Accordingly, we affirm. See 8th Cir. R. 47B.
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