United States v. Nelson

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-7077 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus JAMES KEVIN NELSON, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. Benson E. Legg, District Judge. (CR-94- 262-L, CA-98-1301-L) Submitted: November 18, 1999 Decided: November 23, 1999 Before WILKINS, HAMILTON, and LUTTIG, Circuit Judges. Dismissed by unpublished per curiam opinion. James Kevin Nelson, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: James Kevin Nelson 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 certif- icate of appealability and dismiss the appeal on the reasoning of the district court. See United States v. Nelson, Nos. CR-94-262-L; CA-98-1301-L (D. Md. July 14, 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 marked as “filed” on July 13, 1999, the district court’s records show that it was entered on the docket sheet on July 14, 1999. Pursuant to Rules 58 and 79(a) of the Federal Rules of Civil Procedure, it is the date that 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