United States v. Bailey

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-6945 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus MARVIN BAILEY, a/k/a Head, a/k/a Larry Anderson, Defendant - Appellant. Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. Elizabeth V. Hallanan, Senior District Judge. (CR-96-191, CA-00-156-2) Submitted: February 21, 2002 Decided: March 27, 2002 Before WILKINS, NIEMEYER, and MICHAEL, Circuit Judges. Dismissed by unpublished per curiam opinion. Clayton Reed Kaeiser, Miami, Florida, for Appellant. Michael Lee Keller, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Marvin Bailey seeks to appeal the district court’s order de- nying his motion filed under 28 U.S.C.A. § 2255 (West Supp. 2001). 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. United States v. Bailey, Nos. CR-96-191; CA-00- 156-2 (S.D.W. Va. Mar. 16 & May 17, 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