UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-6118
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
HERBERT SMART, a/k/a Panama,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Henry C. Morgan, Jr., District
Judge. (CR-97-25, CA-00-910-2)
Submitted: May 29, 2001 Decided: June 18, 2001
Before LUTTIG, WILLIAMS, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Herbert Smart, Appellant Pro Se. Laura Marie Everhart, Assistant
United States Attorney, Norfolk, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Herbert Smart seeks to appeal the district court’s order
denying as untimely his motion filed under 28 U.S.C.A. § 2255 (West
Supp. 2000). We have reviewed the record and the district court’s
opinion and find no reversible error. Accordingly, we deny a cer-
tificate of appealability and dismiss the appeal on the reasoning
of the district court. United States v. Smart, No. CR-97-25; CA-
00-910-2 (E.D. Va. Dec. 19, 2000). 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