LENWORTH PARKE, Petitioner-Appellant, v. UNITED STATES, Respondent-Appellee,, (2nd Cir. 2002)
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UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY OTHER COURT, BUT MAY BE CALLED TO THE ATTENTION OF THIS OR ANY OTHER COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPEL OR RES JUDICATA.
At a stated term of the United States Court of Appeals for the Second Circuit, held at the United States Courthouse, Foley Square, in the City of New York, on the 17th day of January two thousand and two.
PRESENT:
ELLSWORTH VAN GRAAFEILAND JOSÉ A. CABRANES CHESTER J. STRAUB Circuit Judges LENWORTH PARKE, Petitioner-Appellant, -v.- No. 01-2213
UNITED STATES, Respondent-Appellee, Elizabeth S. Riker, Assistant United States Attorney, APPEARING FOR APPELLANTS:
(Joseph A. Pavone, United States Attorney, Northern District of New York, on the brief), New York, NY.
Lenworth Parke, pro se, Edgefield, SC.
APPEARING FOR APPELLEE:
Appeal from the United States District Court for the Northern District of New York (Neal P. McCurn, Judge).
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of said District Court be and hereby is AFFIRMED.
Lenworth Parke, pro se, appeals from an order entered on December 21, 2000 by the United States District Court for the Northern District of New York denying Parke's 28 U.S.C. §
2255 motion. Parke seeks to vacate, set aside, or correct his sentence after a 1993 conviction for murder of a federal law enforcement officer, conspiracy to distribute cocaine, possession with intent to distribute cocaine, and use of a firearm in a drug trafficking crime.
For substantially the reasons stated in Judge McCurn's Order of December 21, 2000, incorporating his careful and thorough Memorandum-Decision and Order of April 22, 1999, the judgment of the District Court is AFFIRMED.
FOR THE COURT, Roseann B. MacKechnie, Clerk of Court By
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