US v. Kathryn Hemetek, No. 12-7939 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7939 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. KATHRYN ANN HEMETEK, Defendant - Appellant. Appeal from the United States District Court for the Southern District of West Virginia, at Huntington. Robert C. Chambers, Chief District Judge. (3:08-cr-00198-1; 3:11-cv-00579) Submitted: May 30, 2013 Before NIEMEYER and Senior Circuit Judge. GREGORY, Decided: June 10, 2013 Circuit Judges, and HAMILTON, Affirmed by unpublished per curiam opinion. Mary Lou Newberger, Federal Public Defender, Jonathan D. Byrne, Appellate Counsel, George H. Lancaster, Jr., Assistant Federal Public Defender, Charleston, West Virginia, for Appellant. R. Booth Goodwin II, United States Attorney, Larry R. Ellis, Assistant United States Attorney, Charleston, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Kathryn Ann Hemetek appeals the district court s order accepting the recommendation of the magistrate judge and denying relief on her 28 U.S.C.A. § 2255 (West Supp. 2012) motion, and denying her motion to amend. find no reversible error. We have reviewed the record and Accordingly, reasons stated by the district court. we affirm for See United States v. Hemetek, No. 3:08-cr-00198-1 (S.D.W. Va. Sept. 6, 2012). dispense with contentions are oral argument adequately because presented in the the the facts We and legal materials before this court and argument would not aid the decisional process. AFFIRMED 2

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