United States v. Smart

Fourth Circuit

United States v. Smart

13 F. App'x 77

Court of Appeals for the Fourth Circuit·Decided June 18, 2001·No. 01-6118·Unpublished

Opinion

PER CURIAM.

Herbert Smart seeks to appeal the district court’s order denying as untimely his motion filed under 28 U.S.C.A. § 2255 (West Supp.2000). We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. United States v. Smart, No. CR-97-25; CA-00-910-2 (E.D.Va. Dec. 19, 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.

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PER CURIAM.

Herbert Smart seeks to appeal the district court’s order denying as untimely his motion filed under 28 U.S.C.A. § 2255 (West Supp.2000). We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. United States v. Smart, No. CR-97-25; CA-00-910-2 (E.D.Va. Dec. 19, 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.

United States v. Smart, 13 F. App'x 77 (4th Cir. 2001).

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Opinion

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