United States v. Spaulding , 323 F. App'x 236 ( 2009 )


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  •                                UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 08-4859
    UNITED STATES OF AMERICA,
    Plaintiff – Appellee,
    v.
    FRANK E. SPAULDING, a/k/a Khalif Immanuel Bey,
    Defendant – Appellant.
    Appeal from the United States District Court for the Eastern
    District of Virginia, at Norfolk. Jerome B. Friedman, District
    Judge. (2:08-cr-00018-JBF-FBS-1)
    Submitted:    April 13, 2009                 Decided:   April 24, 2009
    Before NIEMEYER, KING, and DUNCAN, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Frank E. Spaulding, Appellant Pro Se.    Joseph Kosky, Special
    Assistant United   States  Attorney,  Norfolk,  Virginia,  for
    Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Frank E. Spaulding, also known as Khalif Immanuel Bey,
    appeals       his    jury    conviction          and    eighteen-month          sentence       for
    theft    of       public    property,       in    violation         of   
    18 U.S.C. § 641
    (2006), and making a false statement, in violation of 
    18 U.S.C. § 1001
    (a)(2)        (2006).         Spaulding,         proceeding        pro   se,      raises
    several claims that he contends require that his conviction be
    vacated, including that: (i) as an “Aboriginal, Indigenous and
    Freehold Inhabitant and Moorish-American National,” the district
    court    lacked       jurisdiction       over         him;   (ii)    the      district     court
    unlawfully          referred     to    him       by    his   birth       name    during       the
    proceedings; (iii) the investigator who testified at his trial
    perjured      himself;       (iv)     the    “authorized        representative”           never
    entered       a     plea    at     Spaulding’s          arraignment;          and   (v)        the
    Government slandered him when it gave information to a local
    newspaper that incorrectly stated the value of the property he
    stole.
    We    have    considered          Spaulding’s         arguments      and       have
    thoroughly reviewed the record and find no reversible error.
    Accordingly, we affirm the district court’s judgment.                                     United
    States v. Spaulding, No. 2:08-cr-00018-JBF-FBS-1 (E.D. Va. Aug.
    27, 2008).          We dispense with oral argument because the facts and
    legal    contentions         are      adequately        presented        in   the   materials
    2
    before   the   court   and   argument   would   not   aid   the   decisional
    process.
    AFFIRMED
    3
    

Document Info

Docket Number: 08-4859

Citation Numbers: 323 F. App'x 236

Judges: Duncan, King, Niemeyer, Per Curiam

Filed Date: 4/24/2009

Precedential Status: Non-Precedential

Modified Date: 8/7/2023