United States v. Miller ( 1996 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 95-7790
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    versus
    TRACY LEE MILLER, a/k/a Tracy Miller,
    Defendant - Appellant.
    Appeal from the United States District Court for the Eastern Dis-
    trict of North Carolina, at Greenville. Malcolm J. Howard, District
    Judge. (CR-91-13, CA-95-644-4)
    Submitted:   March 21, 1996                 Decided:   April 10, 1996
    Before NIEMEYER and MICHAEL, Circuit Judges, and BUTZNER, Senior
    Circuit Judge.
    Affirmed by unpublished per curiam opinion.
    Tracy Lee Miller, Appellant Pro Se.   John Douglas McCullough,
    Assistant United States Attorney, Raleigh, North Carolina, for
    Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Appellant appeals from the district court's orders denying his
    
    28 U.S.C. § 2255
     (1988) motion and denying his motion for recon-
    sideration. We have reviewed the record and the district court's
    opinions and find no reversible error. Accordingly, we affirm sub-
    stantially on the reasoning of the district court. United States v.
    Miller, Nos. CR-91-13; CA-95-644-4 (E.D.N.C. July 27, 1995; Sept.
    5, 1995). We note that Appellant's plea agreement contained a valid
    waiver of his right to post-conviction challenges to his conviction
    and sentence. See United States v. Wiggins, 
    905 F.2d 51
     (4th Cir.
    1990); see also United States v. Wessells, 
    936 F.2d 165
     (4th Cir.
    1991). 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
    2
    

Document Info

Docket Number: 95-7790

Filed Date: 4/10/1996

Precedential Status: Non-Precedential

Modified Date: 4/18/2021