United States v. Beckett ( 1998 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-7762
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
MARCELLUS DERRELL BECKETT,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. Solomon Blatt, Jr., Senior District
Judge. (CR-94-682, CA-96-1797-2-8)
Submitted: March 24, 1998 Decided: April 3, 1998
Before WILLIAMS, MICHAEL, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Marcellus Derrell Beckett, Appellant Pro Se. Sean Kittrell, OFFICE
OF THE UNITED STATES ATTORNEY, Charleston, South 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Unpublished opinions are not binding precedent in this circuit.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.A. § 2255 (West 1994 & Supp. 1997).
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 substantially on the reasoning
of the district court.* United States v. Beckett, Nos. CR-94-682;
CA-96-1797-2-8 (D.S.C. Oct. 28, 1996). 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
*
In addition to the facts discussed by the district court,
the record overwhelmingly reveals that Appellant physically carried
his drugs, drug distribution paraphernalia, and weapon. See United
States v. Mitchell, 104 F.3d 649, 653-54 (4th Cir. 1997).
2