United States v. Ward

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-6864

UNITED STATES OF AMERICA, Plaintiff - Appellee,

versus

CHARLIE WARD, SR., Defendant - Appellant.

Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Frank W. Bullock, Jr., Chief District Judge. (CR-93-37, CA-95-761-2)

Submitted: March 27, 1997 Decided: April 2, 1997

Before RUSSELL, LUTTIG, and MICHAEL, Circuit Judges. Dismissed by unpublished per curiam opinion.

Charlie Ward, Sr., Appellant Pro Se. Sandra Jane Hairston, Assistant United States Attorney, Greensboro, 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Unpublished opinions are not binding precedent in this circuit.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. § 2255 (1994), amended by Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-

132, 110 Stat. 1214. 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 rea-

soning of the district court. United States v. Ward, Nos. CR-93-37; CA-95-761-2 (M.D.N.C. Apr. 23, 1996). We note that in the interim,

the Supreme Court decided United States v. Ursery, ___ U.S. ___, 64 U.S.L.W. 4565 (U.S. June 24, 1996) (Nos. 95-345, 95-346), which conclusively decides Ward's double jeopardy claim. 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