United States v. Stanback

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-7631

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

KELLY GEORGE STANBACK,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of Virginia, at Harrisonburg. Samuel G. Wilson, District Judge. (5:02-cr-30020-sgw-1)

Submitted: July 30, 2009 Decided: August 3, 2009

Before MOTZ, KING, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Kelly George Stanback, Appellant Pro Se. Jeb Thomas Terrien, Assistant United States Attorney, Harrisonburg, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Kelly George Stanback appeals the district court’s

order denying his motion for an extension of time to file a 28

U.S.C.A. § 2255 (West Supp. 2009) motion. We have reviewed the

record and find no reversible error. Accordingly, we affirm for

the reasons stated by the district court. United States v.

Stanback, No. 5:02-cr-30020-sgw-1 (W.D. Va. July 24, 2008). We

deny Stanback’s motion for appointment of counsel. 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.

AFFIRMED