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United States v. James Joseph Owens, in Re: James Joseph Owens, 960 F.2d 148, 4th Cir. (1992)

The document is a court opinion from the United States Court of Appeals for the Fourth Circuit regarding appeals by James Joseph Owens of a district court's denial of relief under 28 U.S.C. § 2255 and Owens' petition for a writ of mandamus. The Fourth Circuit affirmed the district court's denial of § 2255 relief, finding the appeal without merit. The Fourth Circuit also denied the petition for mandamus, determining that Owens had already obtained the relief sought. The court dispensed with oral argument, finding the issues adequately addressed in the materials.

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12 views2 pages

United States v. James Joseph Owens, in Re: James Joseph Owens, 960 F.2d 148, 4th Cir. (1992)

The document is a court opinion from the United States Court of Appeals for the Fourth Circuit regarding appeals by James Joseph Owens of a district court's denial of relief under 28 U.S.C. § 2255 and Owens' petition for a writ of mandamus. The Fourth Circuit affirmed the district court's denial of § 2255 relief, finding the appeal without merit. The Fourth Circuit also denied the petition for mandamus, determining that Owens had already obtained the relief sought. The court dispensed with oral argument, finding the issues adequately addressed in the materials.

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960 F.

2d 148

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


unpublished dispositions is disfavored except for establishing
res judicata, estoppel, or the law of the case and requires
service of copies of cited unpublished dispositions of the Fourth
Circuit.
UNITED STATES of America, Plaintiff-Appellee,
v.
James Joseph OWENS, Defendant-Appellant.
In Re: James Joseph OWENS, Petitioner.
Nos. 91-6560, 91-1080.

United States Court of Appeals,


Fourth Circuit.
Submitted: July 18, 1991
Decided: April 22, 1992

Appeal from the United States District Court for the Eastern District of
North Carolina, at Raleigh. W. Earl Britt, District Judge. (CR-78-17, CA90-422-CIV-5)
James Joseph Owens, appellant pro se.
G. Norman Acker, III, Office of the United States Attorney, Raleigh,
N.C., for appellee.
E.D.N.C.
AFFIRMED IN PART; DENIED IN PART.
Before WIDENER, WILKINSON and NIEMEYER, Circuit Judges.
OPINION
PER CURIAM:

In No. 91-6560 James Joseph Owens appeals from the district court's order
refusing relief under 28 U.S.C. 2255 (1988). Our review of the record and the
district court's opinion discloses that this appeal is without merit. Accordingly,
we affirm on the reasoning of the district court in No. 91-6560. United States v.
Owens, Nos. CR78-17, CA-90-422-CIV-5 (E.D.N.C. Oct. 10, 1990 and Feb.
14, 1991).

Owens seeks mandamus relief in No. 91-8010. The record reveals that Owens
has obtained the relief he sought in his mandamus petition. Accordingly,
though we grant leave to proceed in forma pauperis in No. 91-8010, we deny
the petition.

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.

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