United States v. Thomas Lynn Surber

39 F.3d 1179, 1994 U.S. App. LEXIS 38135, 1994 WL 582943

Opinion

39 F.3d 1179

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.
UNITED STATES of America, Plaintiff Appellee,
v.
Thomas Lynn SURBER, Defendant Appellant.

No. 94-6507.

United States Court of Appeals, Fourth Circuit.

Submitted Sept. 26, 1994.
Decided Oct. 25, 1994.

Appeal from the United States District Court for the Western District of Virginia, at Abingdon. Glen M. Williams, Senior District Judge. (CR-87-85-A)

Thomas Lynn Surber, appellant pro se.

Thomas Jack Bondurant, Jr., Asst. U.S. Atty., Roanoke, VA, for appellee.

W.D.Va.

AFFIRMED.

Before ERVIN, Chief Judge, and WILKINSON and HAMILTON, Circuit Judges.

PER CURIAM:

Appellant appeals from the district court's order denying his Fed.R.Crim.P. 35 motion for reduction of sentence. Our review of the record and the district court's opinion discloses that this appeal is without merit. Accordingly, we affirm on the reasoning of the district court. United States v. Surber, No. CR-87-85-A (W.D.Va. Apr. 11, 1994). 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