United States v. Kenny

Fourth Circuit

United States v. Kenny

289 F. App'x 602

Court of Appeals for the Fourth Circuit·Decided August 26, 2008·No. No. 08-6059·Published

Opinion

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-l (WD.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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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-l (WD.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.

United States v. Kenny, 289 F. App'x 602 (4th Cir. 2008).

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