United States v. Sturgis

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-6234 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus JEFFREY WAYNE STURGIS, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior District Judge. (CR-93-373-A) Submitted: December 14, 2000 Decided: January 9, 2001 Before WIDENER, WILKINS, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Jeffrey Wayne Sturgis, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Jeffrey Wayne Sturgis seeks to appeal the district court’s orders denying his motion filed under 28 U.S.C.A. § 2255 (West Supp. 2000) and denying his motion for reconsideration. We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we deny a certificate of appeal- ability and dismiss the appeal on the reasoning of the district court. See United States v. Sturgis, No. CR-93-373-A (E.D. Va. Nov. 24 & Dec. 20, 1999).* We also deny Sturgis’ motion to have a copy of a transcript prepared at government expense. 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 denying the § 2255 motion is marked as “filed” on November 23, 1999, the district court’s records show that it was entered on the docket sheet on November 24, 1999. Pursuant to Rules 58 and 79(a) of the Federal Rules of Civil Procedure, it is the date that 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