US v. Reginald Mimm, No. 10-6323 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6323 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. REGINALD MIMMS, a/k/a Gerald King, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, Senior District Judge. (7:99-cr-00048-jct; 7:00-cr-00022-jct) Submitted: July 19, 2010 Decided: August 5, 2010 Before SHEDD, DUNCAN, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Reginald Mimms, Appellant Pro Se. Joseph W. H. Mott, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Reginald Mimms seeks to appeal the district court's order denying his motion for a writ of audita querela, pursuant to the All Writs Act, 28 U.S.C. § 1651(a) (2006). reviewed the record and find no reversible error. we affirm the district court s order. * Mimms, Nos. 7:99-cr-00048-jct; 7:00-cr-00022-jct We facts contentions are adequately the and argument materials legal before court with Accordingly, See United States v. Mar. 17, 2009). and dispense We have oral argument (W.D. Va. because the presented would not in the aid the decisional process. AFFIRMED * Although the court previously affirmed the district court s order in United States v. Mimms, 333 F. App x 793 (4th Cir. Oct. 19, 2009) (No. 09-6633) (unpublished), this court s opinion and order failed to refer to one of the underlying criminal matters in which the district court s order was filed. Accordingly, this per curiam opinion refers to both underlying criminal matters. 2

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