United States v. Cabiness

• Court: Court of Appeals for the Fourth Circuit
• Decided: March 28, 2006
• Docket: 05-7462
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-7462

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

KIRKWOOD DONNELL CABINESS,

Defendant - Appellant.

No. 05-7493

No. 05-7508

versus KIRKWOOD DONNELL CABINESS,

Appeals from the United States District Court for the Western District of Virginia, at Danville. Norman K. Moon, District Judge. (CR-02-70031)

Submitted: March 23, 2006 Decided: March 28, 2006

Before WILKINSON, LUTTIG, and WILLIAMS, Circuit Judges.

Nos. 05-7462/7493, affirmed; No. 05-7508, dismissed by unpublished per curiam opinion.

Kirkwood Donnell Cabiness, Appellant Pro Se. Donald Ray Wolthuis, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

- 2 - PER CURIAM:

Kirkwood Donnell Cabiness appeals the district court’s

orders denying his motion to compel, motion for reconsideration,

motion for bond pending appeal, motion for an evidentiary hearing,

and motion to disqualify the United States Attorney. We have

reviewed the record and the district court’s opinions and find no

reversible error. Accordingly, we affirm on the reasoning of the

district court as to all complaints except the district court order

denying bail pending appeal. See United States v. Cabiness, 4:02-

CR-70031 (W.D. Va. Sept. 8, 2005); United States v. Cabiness, 4:02-

CR-70031 (W.D. Va. Sept. 2, 2005). Because the underlying appeals

lack merit, the appeal from the denial of bail (No. 05-7508) is

dismissed as moot. 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.

Nos. 05-7462/7493 - AFFIRMED No. 05-7508 - DISMISSED

- 3 -