United States v. Smith

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-6370 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus RANDY SMITH, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Anderson. G. Ross Anderson, Jr., District Judge. (CR-96-327-4, CA-00-3658-8-13) Submitted: May 17, 2001 Decided: May 29, 2001 Before WIDENER, NIEMEYER, and MICHAEL, Circuit Judges. Dismissed by unpublished per curiam opinion. Randy Smith, Appellant Pro Se. Mark C. Moore, Assistant United States Attorney, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Randy Smith appeals from the district court’s orders: (1) dismissing without prejudice his 28 U.S.C.A. § 2255 (West Supp. 2000) motion for failure to obtain authorization pursuant to 28 U.S.C.A. § 2244 (West 1994 & Supp. 2000); and (2) denying his motion for reconsideration of that order. We have reviewed the record and the district court’s orders and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. Smith v. United States, Nos. CR-96-327-4; CA-00-3658-8-13 (D.S.C. Jan. 19 & Feb. 14, 2001). 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 2