UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7276
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JOHNNY JERMANE SMARR,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Shelby. Lacy H. Thornburg, District
Judge. (CR-95-28)
Submitted: November 18, 2004 Decided: November 30, 2004
Before LUTTIG and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Johnny Jermane Smarr, Appellant Pro Se. Thomas Richard Ascik,
OFFICE OF THE UNITED STATES ATTORNEY, Asheville, North Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Johnny Jermane Smarr appeals from the district court’s
order denying his “Motion to Compel Government for Specific
Performance.” We have reviewed the record and find no reversible
error. Accordingly, we affirm for the reasons stated by the
district court. See United States v. Smarr, No. CR-95-28 (W.D.N.C.
July 26, 2004). 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.
AFFIRMED
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