United States v. Fraser ( 1999 )


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  •                                UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 99-6810
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    versus
    DONALD WILLIAM FRASER,
    Defendant - Appellant.
    Appeal from the United States District Court for the District of
    Maryland, at Baltimore. Frederic N. Smalkin, District Judge. (CR-
    91-181-ALL, CA-99-1036-S)
    Submitted:   August 19, 1999                 Decided:   August 26, 1999
    Before WIDENER and KING, Circuit Judges, and PHILLIPS, Senior Cir-
    cuit Judge.
    Dismissed by unpublished per curiam opinion.
    Helen Wang, Philadelphia, Pennsylvania, for Appellant. Lynne Ann
    Battaglia, United States Attorney, Baltimore, Maryland, for
    Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Donald William Fraser seeks to appeal the district court’s
    order denying his motion filed under 
    28 U.S.C.A. § 2255
     (West Supp.
    1999).   We have reviewed the record and the district court’s opin-
    ion and find no reversible error.    Accordingly, we deny a certifi-
    cate of appealability and dismiss the appeal on the reasoning of
    the district court.   See United States v. Fraser, Nos. CR-91-181-
    ALL; CA-99-1036-S (D. Md. May 10, 1999).*     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
    *
    Although the district court’s order is dated May 7, 1999,
    the district court’s records show that it was entered on the docket
    sheet on May 10, 1999.    Pursuant to Rules 58 and 79(a) of the
    Federal Rules of Civil Procedure, it is the date that the 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).
    2
    

Document Info

Docket Number: 99-6810

Filed Date: 8/26/1999

Precedential Status: Non-Precedential

Modified Date: 4/17/2021