United States v. Miller

• Court: Court of Appeals for the Fourth Circuit
• Decided: February 4, 1998
• Docket: 97-6738
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-6738

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

RANDY JAY MILLER,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior District Judge. (CR-89-109-A, CA-97-612-AM)

Submitted: January 22, 1998 Decided: February 4, 1998

Before WIDENER, MICHAEL, and MOTZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Randy Jay Miller, Appellant Pro Se. Constance Harriet Frogale, 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Unpublished opinions are not binding precedent in this circuit.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 from the district court's orders

dismissing for failure to obtain authorization pursuant to 28

U.S.C.A. § 2244 (West Supp. 1997), his second motion filed under

28 U.S.C.A. § 2255 (West 1994 & Supp. 1997). We have reviewed the

record and the district court's opinion and find no abuse of dis- cretion and no reversible error. Accordingly, we deny a certificate

of appealability and dismiss the appeal on the reasoning of the

district court. United States v. Miller, Nos. CR-89-109-A; CA-97- 612-AM (E.D. Va. Apr. 29, 1997). 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 deci- sional process.

DISMISSED