United States v. Zellmer

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-7190 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus HERBERT ZELLMER, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. J. Frederick Motz, Chief District Judge. (CR-94-150-S, CA-98-1673-JFM) Submitted: January 20, 2000 Decided: January 28, 2000 Before WILLIAMS, MICHAEL, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Herbert Zellmer, Appellant Pro Se. Lynne Ann Battaglia, United States Attorney, Bonnie S. Greenberg, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Herbert Zellmer 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. Zellmer, Nos. CR-94-150- S; CA-98-1673-JFM (D. Md. Aug. 25, 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 August 24, 1999, the district court’s records show that it was entered on the docket sheet on August 25, 1999. Pursuant to Rules 58 and 79(a) of the Federal Rules of Civil Procedure, it is the date 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