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U.S. v. BRYSON

No. 91-6254.

981 F.2d 720 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. William M. BRYSON, Jr., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 16, 1992.

Attorney(s) appearing for the Case

Thomas P. Hogan, Jr., Daniel Roy Ortiz, Post-Conviction Assistance Project, University of Virginia School of Law, Charlottesville, VA, argued for defendant-appellant.

William Corley Lucius, Asst. U.S. Atty., Greenville, SC, argued (John S. Simmons, U.S. Atty., on brief), for plaintiff-appellee.

Before RUSSELL, WILKINS, and HAMILTON, Circuit Judges.

OPINION

HAMILTON, Circuit Judge:

The issue presented in this case is whether a United States Magistrate Judge, who has accepted a defendant's guilty plea and imposed sentence in a misdemeanor case with the defendant's consent, can later entertain a 28 U.S.C. § 2255 motion by the defendant to vacate, set aside, or correct the sentence, and enter an order dismissing the motion without further consent of the defendant...

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