United States v. Bishop

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-1575 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus STEPHEN E. BISHOP, f/d/b/a Ray’s Leisure Time Shop, Defendant - Appellant, and MARY ANN BISHOP; WEST VIRGINIA BUREAU OF EMPLOYMENT PROGRAMS; WEST VIRGINIA DEPARTMENT OF TAX AND REVENUE, Defendants. Appeal from the United States District Court for the Southern Dis- trict of West Virginia, at Beckley. Joseph Robert Goodwin, District Judge. (CA-96-2057-5) Submitted: April 20, 2001 Decided: May 21, 2001 Before WIDENER, MICHAEL, and TRAXLER, Circuit Judges. Affirmed by unpublished per curiam opinion. James R. Sheatsley, GORMAN, SHEATSLEY & COMPANY, L.C., Beckley, West Virginia, for Appellant. Paula M. Junghans, Acting Assistant Attorney General, Rebecca Aline Betts, United States Attorney, Gilbert S. Rothenberg, John A. Nolet, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Stephen E. Bishop appeals from the district court’s orders denying his motion for a hearing and granting the government’s motion to set aside a satisfaction of judgment that was allegedly entered by mistake. Bishop contends that the district court should have held a hearing and allowed him to present evidence as to the scope of the agreement. He also contends that the court erred in determining that the agreement settled some, rather than all, of the government’s claims against him. Having previously granted Bishop’s uncontested motion to submit on briefs, we have reviewed the briefs, the joint appendix, and the district court’s opinions and find no abuse of discretion and no reversible error. Accord- ingly, we affirm on the reasoning of the district court. United States v. Bishop, No. CA-96-2057-5 (S.D.W. Va. July 9, 1999 & Mar. 3, 2000). AFFIRMED 2