United States v. Holman

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-7509 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus STEVEN HOLMAN, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. Frederic N. Smalkin, District Judge. (CR- 98-97, CA-99-3100-S) Submitted: February 10, 2000 Decided: February 14, 2000 Before WIDENER and NIEMEYER, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Steven Holman, Appellant Pro Se. Paul Michael Cunningham, 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 Unpublished opinions are not binding precedent in this circuit.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: Steven Holman seeks to appeal the district court’s order deny- ing his motion filed under 28 U.S.C.A. § 2255 (West Supp. 1999). 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 on the reasoning of the district court. See United States v. Holman, Nos. CR-98-97; CA-99- 3100-S (D. Md. Oct. 19, 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 judgment or order is marked as “filed” on October 18, 1999, the district court’s records show that it was entered on the docket sheet on October 19, 1999. Pursuant to Rules 58 and 79(a) of the Federal Rules of Civil Procedure, it is the date that the judgment or 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