United States v. Martin

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-7351

UNITED STATES OF AMERICA, Plaintiff - Appellee,

versus DENVER ADE MARTIN, Defendant - Appellant.

Appeal from the United States District Court for the Middle District of North Carolina, at Salisbury. N. Carlton Tilley, Jr., District Judge. (CR-91-256-S, CA-95-4-604)

Submitted: March 13, 1997 Decided: March 19, 1997

Before HALL, ERVIN, and WILKINS, Circuit Judges. Dismissed by unpublished per curiam opinion.

Denver Ade Martin, Appellant Pro Se. Benjamin H. White, Jr., Assistant United States Attorney, David Bernard Smith, Assistant United States Attorney, Greensboro, North 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Unpublished opinions are not binding precedent in this circuit.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 Antiterrorism 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 certif- icate of appealability and dismiss the appeal on the reasoning of the district court. United States v. Martin, Nos. CR-91-256-S; CA- 95-4-604 (M.D.N.C. Aug. 1, 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