UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-7028
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
TROY LAMONT CHEESE,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Beckley. Charles H. Haden II, Chief
District Judge. (CR-97-155)
Submitted: December 14, 1999 Decided: February 4, 2000
Before LUTTIG and WILLIAMS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Troy Lamont Cheese, Appellant Pro Se. 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Unpublished opinions are not binding precedent in this circuit.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:
Troy Cheese appeals the district court's order denying motions
for an order directing Cheese’s former trial counsel to provide him
with materials from his file, and for disclosure of the jury
selection process and racial makeup of the district. Cheese seeks
this material in order to prepare a motion under 28 U.S.C. § 2255
(West Supp. 1999), attacking his conviction for conspiracy to
distribute cocaine base, in violation of 21 U.S.C.A. § 846 (West
Supp. 1999). We affirm the district court's order. In his § 2255
motion, Cheese need only set forth in summary form the claims he
wishes to raise and the facts supporting those claims. Rule 2(b),
Rules Governing § 2255 Proceedings. The materials necessary to
evaluate those claims will be available to the district court
through its own file or material submitted by the Government in
support of its answer. Rules 4(b), 5(b), Rules Governing § 2255
Proceedings. Should Cheese conclude at that point that additional
material is necessary, he may seek discovery from the district
court. Rule 6(a), Rules Governing § 2255 Proceedings. Therefore,
we affirm the district court's denial of Cheese's motions. 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
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