United States v. Boone

• Court: Court of Appeals for the Fourth Circuit
• Decided: February 26, 1997
• Docket: 96-7457
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-7457

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

JAMES BOONE, a/k/a Duke,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Norfolk. John A. MacKenzie, Senior District Judge. (CR-93-156, CA-96-222)

Submitted: February 13, 1997 Decided: February 26, 1997

Before WIDENER and HAMILTON, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

James Boone, Appellant Pro Se. Fernando Groene, OFFICE OF THE UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Appellant seeks to appeal the district court's order denying

his motion filed under 28 U.S.C. § 2255 (1994), amended by Antiter- rorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-

132, 110 Stat. 1214. We have reviewed the record and the district

court's opinion and find no reversible error. Accordingly, we

deny a certificate of appealability and dismiss the appeal on the

reasoning of the district court. United States v. Boone, Nos. CR- 93-156; CA-96-222 (E.D. Va. Aug. 28, 1996). We dispense with oral

argument because the facts and legal contentions are adequately

presented in the materials before the court and argument would not aid the decisional process.

DISMISSED