United States v. Bautista

• Court: Court of Appeals for the Fourth Circuit
• Decided: May 21, 1999
• Docket: 98-7393
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-7393

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

PLINIO ARIAS BAUTISTA; PEDRO RAFAEL RUIZ MEJIO,

Defendants - Appellants.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Marvin J. Garbis, District Judge. (CR-90- 259-MJG, CA-97-4135-MJG, CA-97-4136-MJG)

Submitted: April 30, 1999 Decided: May 21, 1999

Before WIDENER and MOTZ, Circuit Judges, and HALL, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Plinio Arias Bautista, Pedro Rafael Ruiz Mejio, Appellants Pro Se. James G. Warwick, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Plinio Arias Bautista and Pedro Rafael Ruiz Mejio appeal the

district court’s orders denying their motions filed under 28

U.S.C.A. § 2255 (West 1994 & Supp. 1998). We have reviewed the

records and the district court’s opinions and find no reversible

error. Accordingly, we affirm on the reasoning of the district

court. United States v. Bautista, Nos. CR-90-259-MJG; CA-97-4135-

MJG and CA-97-4136-MJG (D. Md. July 27, 1998).* We dispense with

oral argument because the facts and legal contentions are adequate-

ly presented in the materials before the court and argument would

not aid the decisional process.

AFFIRMED

* Although the district court’s order is marked as “entered” on July 23, 1998, the district court’s records show that it was entered on the docket sheet on July 27, 1998. Pursuant to Rules 58 and 79(a) of the Federal Rules of Civil Procedure, it is the date that the order was entered on the docket sheet that we take as the effective date of the district court’s decision. Wilson v. Murray, 806 F.2d 1232, 1234-35 (4th Cir. 1986).