US v. Gilberto Hernandez-Chavez, No. 14-6317 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6317 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. GILBERTO HERNANDEZ-CHAVEZ, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at New Bern. Louise W. Flanagan, District Judge. (5:08-cr-00283-FL-2) Submitted: April 17, 2014 Decided: April 22, 2014 Before WILKINSON, KING, and DUNCAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Gilberto Hernandez-Chavez, Appellant Pro Se. Felice McConnell Corpening, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: In 2008 and 2009, Gilberto Hernandez-Chavez was convicted of drug and firearm offenses and sentenced to a total of 120 months imprisonment. he moved in underlying the these He did not appeal. district court to convictions for lack dismiss of Years later, the indictment jurisdiction. The district court summarily denied the motion, and Hernandez-Chavez appeals. court. legal before Upon review, we affirm this decision of the district We dispense with oral argument because the facts and contentions this court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED 2

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