United States v. Smith

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-7204

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

WILLIAM V. SMITH,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (CR-91-88, CA-97-42-4-BO)

Submitted: November 6, 1997 Decided: November 25, 1997

Before WIDENER and LUTTIG, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

William V. Smith, Appellant Pro Se. Fenita Talore Morris, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, 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Unpublished opinions are not binding precedent in this circuit.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.A. § 2255 (West 1994 & Supp. 1997).

We have reviewed the record and the district court's opinion and

find no reversible error. Accordingly, we deny a certificate of ap-

pealability and dismiss the appeal substantially on the reasoning of the district court. United States v. Smith, Nos. CR-91-88; CA- 97-42-4-BO (E.D.N.C. July 16, 1997). To the extent Appellant claims

he was subjected to double jeopardy because drug quantities attrib-

utable to the dismissed charges were used to calculate his relevant conduct, review of this claim was waived by his valid plea agree-

ment and, in any event, it is meritless. See United States v. Choate, 12 F.3d 1318, 1320 (4th Cir. 1993); see generally United States v. Wiggins, 905 F.2d 51, 52-53 (4th Cir. 1990). 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