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U.S. v. NOLLEY

No. 92-5519.

27 F.3d 80 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Timas Bernard NOLLEY, Sr., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 13, 1994.

Attorney(s) appearing for the Case

ARGUED: Randolph Marshall Lee, Charlotte, NC, for appellant. Harry Thomas Church, Office of the U.S. Atty., Charlotte, NC, for appellee. ON BRIEF: Jerry W. Miller, U.S. Atty., Charlotte, NC, for appellee.

Before ERVIN, Chief Judge, HALL, Circuit Judge, and RONEY, Senior Circuit Judge of the United States Court of Appeals for the Eleventh Circuit, sitting by designation.

Affirmed by published per curiam opinion. Judge HALL wrote a dissenting opinion.

OPINION

PER CURIAM:

Defendant Timas Nolley, Sr. appeals his sentence for cocaine violations, alleging he was not represented by counsel at a resentencing hearing ordered by this Court. We hold that since resentencing simply conformed to the mandate of an appellate court, leaving no discretion in the trial court, any error in failing to have defendant represented by counsel...

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