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    United States v. Dilks, 4th Cir. (2001)

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of Julien Dilks' petition for a writ of error coram nobis. The appellate court reviewed the record and found no reversible error in the district court's reasoning. Additionally, the appellate court declined to address claims that Dilks raised for the first time on appeal, as he failed to demonstrate exceptional circumstances to warrant consideration of new issues. The court affirmed the lower court's ruling and dispensed with oral argument, finding the case adequately presented in existing court materials.

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    United States v. Dilks, 4th Cir. (2001)

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of Julien Dilks' petition for a writ of error coram nobis. The appellate court reviewed the record and found no reversible error in the district court's reasoning. Additionally, the appellate court declined to address claims that Dilks raised for the first time on appeal, as he failed to demonstrate exceptional circumstances to warrant consideration of new issues. The court affirmed the lower court's ruling and dispensed with oral argument, finding the case adequately presented in existing court materials.

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    Filed: 2001-07-03 Precedential Status: Non-Precedential Docket: 01-6527

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of Julien Dilks' petition for a writ of error coram nobis. The appellate court reviewed the record and found no reversible error in the district court's reasoning. Additionally, the appellate court declined to address claims that Dilks raised for the first time on appeal, as he failed to demonstrate exceptional circumstances to warrant consideration of new issues. The court affirmed the lower court's ruling and dispensed with oral argument, finding the case adequately presented in existing court materials.

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    4 views2 pages

    United States v. Dilks, 4th Cir. (2001)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of Julien Dilks' petition for a writ of error coram nobis. The appellate court reviewed the record and found no reversible error in the district court's reasoning. Additionally, the appellate court declined to address claims that Dilks raised for the first time on appeal, as he failed to demonstrate exceptional circumstances to warrant consideration of new issues. The court affirmed the lower court's ruling and dispensed with oral argument, finding the case adequately presented in existing court materials.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 01-6527

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    JULIEN K. DILKS,
    Defendant - Appellant.

    Appeal from the United States District Court for the Western
    District of Virginia, at Roanoke. James C. Turk, District Judge.
    (CR-93-91)

    Submitted:

    June 21, 2001

    Decided:

    July 3, 2001

    Before WIDENER and GREGORY, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Affirmed by unpublished per curiam opinion.


    Julien K. Dilks, Appellant Pro Se. Thomas Linn Eckert, Assistant
    United States Attorney, Roanoke, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Julien K. Dilks appeals the district courts order denying his
    petition for a writ of error coram nobis.

    We have reviewed the

    record and the district courts opinion and find no reversible


    error.

    Accordingly, we affirm on the reasoning of the district

    court.

    United States v. Dilks, No. CR-93-91 (W.D. Va. Mar. 8,

    2001).

    We also decline to address the claims Dilks raises for the

    first time on appeal because he failed to show exceptional circumstances.

    Muth v. United States, 1 F.3d 246, 250 (4th Cir. 1993)

    (holding that issues raised for first time on appeal generally will
    not be considered absent exceptional circumstances, such as plain
    error or fundamental miscarriage of justice).

    We dispense with

    oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would
    not aid the decisional process.

    AFFIRMED

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