US v. Johnny Miller, No. 11-6949 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-6949 UNITED STATES OF AMERICA, Plaintiff Appellee, v. JOHNNY BERNARD MILLER, a/k/a Bernard Miller. Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Graham C. Mullen, Senior District Judge. (3:92-cr-00101-GCM-1) Submitted: November 15, 2011 Decided: November 18, 2011 Before NIEMEYER and KEENAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Johnny Bernard Miller, Appellant Pro Se. Thomas Tullidge Cullen, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Johnny court s text Bernard orders Miller denying his appeals motions from for criminal judgment and appointment of counsel. he was neither actually the innocent federal of statutes his criminal nor the the district relief from Miller asserted charges. Rules his of However, Criminal and Appellate Procedure provide for a motion to reopen or a motion for reconsideration in a criminal case. Miller must seek relief under 28 U.S.C.A. §§ 2241, 2255 (West Supp. 2011). States v. Breit, 754 F.2d 526, 530-31 (4th See United Cir. 1985). Accordingly, we affirm the orders of the district court. dispense with oral argument because the facts and We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 2

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