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Appeals court dismisses Dwight Bowling's appeal

Reported by: Mel Carlock
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Updated: 10/11/2012 12:35 pm
NEW ORLEANS, La. (WTVA) -- The U. S. Fifth Circuit Court of Appeals has dismissed the appeal of Dwight Bowling for not following court procedures.

In it's decision, the court agreed with prosecutors who said Bowling failed to file a motion to appeal the sentence handed down against him in U. S. District Court within 14 days of the judge's ruling.

Dowling pleaded guilty to two counts of enticement of a minor and and one count of witness tampering and was sentenced to 25 years in prison on August 16, 2011.

On August 30, 2011, Bowling's attorney, Christy McCoy, filed notice of his intent to appeal with the request for the court to appoint new counsel to help him perfect the appeal process.

The judge denied the motion for a new attorney in October, and the official notice of appeal was filed on October 24, 2011.

Prosecutors made a motion with the Fifth Circuit Court to dismiss because the notice was filed more than two months after the sentence was handed down.

The three-judge panel agreed and dismissed Bowling's appeal on October 4, 2012.

Bowling is serving the sentence in a federal prison in Virginia.

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