US v. Amado Cartagena, No. 09-6100 (4th Cir. 2009)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on June 23, 2009.
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ON REHEARING UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6100 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. AMADO ANTONIO CARTAGENA, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, District Judge. (3:06-cr-00153-FDW-DCK-1) Submitted: June 18, 2009 Decided: November 18, 2009 Before NIEMEYER, GREGORY, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Amado Antonio Cartagena, Appellant Pro Se. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Amado agreement deported to Antonio unlawful alien, in Cartagena reentry violation pled into of 8 guilty the without United U.S.C. a States ยง 1326(a), (2006), and was sentenced to eighty months in prison. plea by a (b)(2) Cartagena appealed, and on February 22, 2008, we affirmed his conviction and sentence. See United States v. Cartagena, 266 F. App x 286 (4th Cir. Feb. 22, 2008) (No. 07-4530). Cartagena now seeks to file a second appeal of his conviction and sentence. We have previously affirmed this judgment, and we dismiss the appeal as duplicative and untimely. 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. DISMISSED 2
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