United States v. Clark

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-6833

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

MICHAEL SPENCER CLARK, a/k/a Mike Spenser,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Florence. William B. Traxler, Jr., District Judge. (CR-92-431, CA-94-133-4-21BD)

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Dismissed by unpublished per curiam opinion.

Michael Spencer Clark, Appellant Pro Se. William Earl Day II, Assistant United States Attorney, Florence, South Carolina, 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Unpublished opinions are not binding precedent in this circuit.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 accepting the recommendation of the magistrate

judge and find no reversible error. Accordingly, we deny a certifi-

cate of appealability and dismiss the appeal on the reasoning of

the district court. United States v. Clark, Nos. CR-92-431; CA-94-

133-4-21BD (D.S.C. Apr. 30, 1996). In light of our disposition, we

also deny Appellant's motion to correct, vacate and set aside an

illegal sentence. 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