United States v. Davis

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-7728

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

ROY STEVE DAVIS,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior District Judge. (CR-89-407-A, CA-97-448-AM)

Submitted: July 30, 1998 Decided: August 14, 1998

Before WIDENER, LUTTIG, and WILLIAMS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Roy Steve Davis, Appellant Pro Se. Christopher Louis Cardani, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, 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Unpublished opinions are not binding precedent in this circuit.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.A. § 2255 (West 1994 & Supp. 1998).

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 grant Appellant’s “Motion for

Consideration” of his informal brief, deny a certificate of appeal-

ability, and dismiss the appeal on the reasoning of the district

court. United States v. Davis, Nos. CR-89-407-A; CA-97-448-AM (E.D.

Va. Apr. 9 and Sept. 17, 1997). Because the claims were not

presented in the district court, we deny Appellant’s motion to

supplement the record. We deny Appellant’s motions for appointment

of counsel and for oral argument because the facts and legal con-

tentions are adequately presented in the materials before the court

and argument would not aid the decisional process.

DISMISSED