Summary
denying a petition for a certificate of innocence for a defendant whose ACCA sentence enhancement was vacated, but the underlying conviction still stood
Summary of this case from United States v. MayerOpinion
No. 17-7391
02-20-2018
JERRY LEE KEY, Plaintiff - Appellant, v. UNITED STATES OF AMERICA, Defendant - Appellee.
Jerry Lee Key, Appellant Pro Se.
UNPUBLISHED
Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. John T. Copenhaver, Jr., District Judge. (2:17-cv-00556) Before WILKINSON, FLOYD, and THACKER, Circuit Judges. Affirmed by unpublished per curiam opinion. Jerry Lee Key, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Jerry Lee Key appeals the district court's order accepting the recommendation of the magistrate judge and denying Key's motion for a certificate of innocence pursuant to 28 U.S.C. § 2513 (2012). We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Key v. United States, No. 2:17-cv-00556 (S.D.W. Va. Sept. 29, 2017). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED