United States v. Smith

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 00-6126

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

EUGENE KENNY SMITH,

Defendant - Appellant.

Appeal from the United States District Court for the Western Dis- trict of North Carolina, at Asheville. Lacy H. Thornburg, District Judge. (CR-96-54, CA-99-136-1-T)

Submitted: June 27, 2000 Decided: July 10, 2000

Before WILLIAMS, MICHAEL, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Eugene Kenny Smith, Appellant Pro Se. Brian Lee Whisler, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Eugene Kenny Smith seeks to appeal the district court’s orders

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

2000). We have reviewed the record and the district court’s opin-

ions and find no reversible error. Accordingly, we deny a cer-

tificate of appealability and dismiss the appeal on the reasoning

of the district court. See United States v. Smith, Nos. CR-96-54;

CA-99-136-1-T (W.D.N.C. Aug. 23, 1999 & Sept. 8, 1999).* We dis-

pense 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 judgments or orders are marked as “filed” on August 18 and September 7, 1999, the district court’s record shows that they were entered on the docket sheet on August 23 and September 8, 1999, respectively. Pursuant to Rules 58 and 79(a) of the Federal Rules of Civil Procedure, it is the date that the judgment or 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).