US v. Nattaner Phillips, No. 13-6732 (4th Cir. 2013)

Annotate this Case

Download PDF

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-6732 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. NATTANER PHILLIPS, a/k/a Nathaniel Phillips, a/k/a Nate, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Arenda Wright Allen, District Judge. (2:09-cr-00031-AWA-FBS-5) Submitted: August 22, 2013 Decided: August 27, 2013 Before MOTZ, DIAZ, and FLOYD, Circuit Judges. Affirmed by unpublished per curiam opinion. Nattaner Phillips, Appellant Pro Se. Laura Marie Everhart, Assistant United States Attorney, Norfolk, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Nattaner Phillips appeals the district court s order dismissing his motion to appoint counsel to aid in the preparation of a 28 U.S.C.A. § 2255 (West Supp. 2013) motion to set aside, vacate, or correct his federal sentence. We have reviewed did abuse the its record and discretion conclude in the denying district the court requested Accordingly, we affirm the district court s order. * not relief. See United States v. Phillips, No. 2:09-cr-00031-AWA-FBS-5 (E.D. Va. filed Apr. 8, 2013 & entered Apr. 9, 2013). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. AFFIRMED * We note that the district court did not explicitly construe Phillips motion to appoint counsel as a 28 U.S.C.A. § 2255 motion or provide notice of its intent to so construe the motion. See Castro v. United States, 540 U.S. 375, 377 (2003). Accordingly, Phillips remains free to file a § 2255 motion in the district court. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.