United States v. Nance ( 1998 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 98-6604
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    versus
    ROBERT LEROY NANCE,
    Defendant - Appellant.
    Appeal from the United States District Court for the Southern
    District of West Virginia, at Huntington. Robert J. Staker, Senior
    District Judge. (CR-88-222, CA-97-385-3)
    Submitted:   September 30, 1998           Decided:   October 15, 1998
    Before ERVIN, LUTTIG, and WILLIAMS, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Robert Leroy Nance, Appellant Pro Se. Amy Michelle Lecocq, Michael
    Lee Keller, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West
    Virginia, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Robert Leroy Nance 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. 1998)). We have reviewed the
    record and the district court’s opinion accepting the recommenda-
    tion of the magistrate judge and find no reversible error. Accord-
    ingly, we dismiss on the reasoning of the district court. United
    States v. Nance, Nos. CR-88-222; CA-97-385-3 (S.D.W. Va. Mar. 26,
    1998). See Lindh v. Murphy, 521 U.S. ___, 
    1997 WL 338568
     (U.S.
    June 23, 1997) (No. 96-6298). We accordingly deny a certificate of
    appealability   and   dismiss   the       appeal.   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
    2
    

Document Info

Docket Number: 98-6604

Filed Date: 10/15/1998

Precedential Status: Non-Precedential

Modified Date: 10/30/2014