United States v. Lee

• Court: Court of Appeals for the Fourth Circuit
• Decided: May 3, 2000
• Docket: 00-6305
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 00-6305

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

SCOTT WILLIAM LEE,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Newport News. Raymond A. Jackson, District Judge. (CR-96-22, CA-99-151)

Submitted: April 27, 2000 Decided: May 3, 2000

Before NIEMEYER and MOTZ, Circuit Judges, and BUTZNER, Senior Cir- cuit Judge.

Dismissed by unpublished per curiam opinion.

Scott William Lee, Appellant Pro Se. Michael R. Smythers, Assis- tant United States Attorney, Norfolk, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Scott William Lee seeks to appeal the district court’s order

denying his motion filed under 28 U.S.C.A. § 2255 (West Supp.

1999). We have reviewed the record and the district court’s opin-

ion and find no reversible error. Accordingly, we deny a certif-

icate of appealability and dismiss the appeal on the reasoning of

the district court. See United States v. Lee, Nos. CR-96-22; CA-

99-151 (E.D. Va. Jan. 21, 2000).* 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

* Although the district court’s order is marked as “filed” on January 20, 2000, the district court’s records show that it was entered on the docket sheet on January 21, 2000. Pursuant to Rules 58 and 79(a) of the Federal Rules of Civil Procedure, it is the date the order was entered on the docket sheet that we take as the effective date of the district court’s decision. See Wilson v. Murray, 806 F.2d 1232, 1234-35 (4th Cir. 1986).