United States v. Williams

Court of Appeals for the Fourth Circuit·Decided December 10, 1997·No. 97-6960·Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-6960

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

SIMON WILLIAMS,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Alexandria. Claude M. Hilton, Chief District Judge. (CR-92-34, CA-96-572-AM)

Submitted: November 20, 1997 Decided: December 10, 1997

Before MURNAGHAN, MICHAEL, and MOTZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Simon Williams, Appellant Pro Se. Michael Edward Rich, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Appellant appeals the district court's order denying his

motion filed under 28 U.S.C. § 2255 (1994) (current version at 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 affirm substantially on the reasoning of the district court. United States v. Williams, Nos. CR-92-34; CA-96- 572-AM (E.D. Va. Sept. 30, 1996). See Lindh v. Murphy, 521 U.S. ___, 65 U.S.L.W. 4557 (U.S. June 23, 1997) (No. 96-6298). We note

that Appellant carried the firearm at issue, as carry is defined by

this court in United States v. Mitchell, 104 F.3d 649, 653 (4th

Cir. 1997). 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

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