UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-6949
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
JOHNNY BERNARD MILLER, a/k/a Bernard Miller.
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Graham C. Mullen,
Senior District Judge. (3:92-cr-00101-GCM-1)
Submitted: November 15, 2011 Decided: November 18, 2011
Before NIEMEYER and KEENAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Johnny Bernard Miller, Appellant Pro Se. Thomas Tullidge Cullen,
OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Johnny Bernard Miller appeals from the district
court’s text orders denying his motions for relief from his
criminal judgment and appointment of counsel. Miller asserted
he was actually innocent of his criminal charges. However,
neither the federal statutes nor the Rules of Criminal and
Appellate Procedure provide for a motion to reopen or a motion
for reconsideration in a criminal case. Miller must seek relief
under 28 U.S.C.A. §§ 2241, 2255 (West Supp. 2011). See United
States v. Breit, 754 F.2d 526, 530-31 (4th Cir. 1985).
Accordingly, we affirm the orders of the district court. 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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