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United States v. Bryant A. Waller, A/K/A B.M.

Citations: 14 F.3d 598; 1993 U.S. App. LEXIS 37067; 1993 WL 509605Docket: 93-6800

Court: Court of Appeals for the Fourth Circuit; December 7, 1993; Federal Appellate Court

Narrative Opinion Summary

In this appellate proceeding, the appellant challenged the denial of his motion under 28 U.S.C. § 2255, which aimed to contest his sentencing. The Fourth Circuit Court of Appeals, comprised of Judges Phillips, Murnaghan, and Senior Judge Sprouse, upheld the district court's decision. The appellant had forfeited his right to contest non-constitutional errors by not appealing them directly, aligning with the precedent established in Stone v. Powell. Furthermore, the appellant's request for the retroactive application of a new law was considered but ultimately found to lack merit based on the record and the district court's reasoning. The appellate court concluded that oral argument was unnecessary, as the briefing and record adequately presented the issues. Consequently, the decision of the lower court was affirmed, leaving the appellant's sentence intact.

Legal Issues Addressed

Necessity of Oral Argument

Application: The court determined that oral argument was unnecessary due to the clarity of the facts and legal issues presented in the submitted materials.

Reasoning: Oral argument was deemed unnecessary as the case facts and legal issues were sufficiently clear in the submitted materials.

Retroactive Application of New Law

Application: The court considered the appellant's claim for the retroactive application of new law but found it without merit after reviewing the record and the district court's rationale.

Reasoning: Waller's third claim, which sought the retroactive application of new law, was deemed appropriate for consideration by the district court. However, upon reviewing the record and the district court's rationale, the appellate court found this claim also to be without merit.

Waiver of Right to Review Non-Constitutional Errors

Application: The appellant waived his right to review non-constitutional errors by failing to directly appeal those issues at sentencing.

Reasoning: Waller waived his right to review the non-constitutional errors in his sentencing by failing to directly appeal those issues, rendering those claims without merit as per Stone v. Powell.