UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7920
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
VAUGHAN DIEGO BUTLER,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston. Joseph Robert Goodwin,
District Judge. (CR-01-51)
Submitted: April 27, 2006 Decided: May 5, 2006
Before NIEMEYER and MOTZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Vaughan Diego Butler, Appellant Pro Se. John J. Frail, 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Unpublished opinions are not binding precedent in this circuit.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:
Vaughan Diego Butler appeals the district court’s order
denying his motion to compel counsel to provide discovery related
to Butler’s criminal case. The district court denied the motion on
the ground that it lacked jurisdiction. Although we find that the
district court had jurisdiction to rule on the motion, we conclude
that the denial of relief was nevertheless proper. Butler failed
to demonstrate a particularized need for the documents, and he
could rely on his own recollection in preparing a collateral attack
on his conviction and sentence. See United States v. Shoaf, 341
F.2d 832, 835 (4th Cir. 1964) (recognizing that, if matters on
which collateral attack is based are within knowledge of
petitioner, there will be no need for transcript). Accordingly, we
affirm. We deny Bulter’s motion to compel and 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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