United States of America v. Kenneth Junior Smith, a/k/a Kenny Smith

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-8173
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KENNETH JUNIOR SMITH, a/k/a Kenny Smith,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Spartanburg. Henry M. Herlong, Jr., Senior
District Judge. (7:98-cr-01169-HMH-1)
Submitted: February 25, 2010 Decided: March 5, 2010
Before DUNCAN and AGEE, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Kenneth Junior Smith, Appellant Pro Se. Elizabeth Jean Howard,
Assistant United States Attorney, Greenville, South Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Kenneth Junior Smith appeals from the district court’s
order denying his motion for a Writ of Audita Querela pursuant
to the All Writs Act 28 U.S.C. § 1951 (2006). We have reviewed
the record and find no reversible error. Accordingly, we
affirm. 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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