UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 95-7055
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ALBERT WILLIAM LACY,
Defendant - Appellant.
Appeal from the United States District Court for the Southern Dis-
trict of West Virginia, at Charleston. Charles H. Haden II, Chief
District Judge. (CR-88-35, CA-94-845-2)
Submitted: December 14, 1995 Decided: January 4, 1996
Before ERVIN, Chief Judge, and WIDENER and WILKINS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Albert William Lacy, Appellant Pro Se. Rebecca A. Betts, United
States Attorney, Charleston, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant appeals from the district court's order denying his
28 U.S.C. § 2255 (1988) motion. We have reviewed the record and the
district court's opinion accepting the recommendation of the magis-
trate judge and find no reversible error. Although the lower court
erroneously stated that Appellant pled guilty to count 7 of the
indictment, this error was harmless. See Fed. R. Civ. P. 61. Ac-
cordingly, we deny Appellant's motion for transcripts at government
expense, see 28 U.S.C. § 753(f) (1988), and affirm on the reasoning
of the district court. United States v. Lacy, Nos. CR-88-35; CA-94-
845-2 (S.D.W. Va. June 7, 1995). 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 deci-
sional process.
AFFIRMED
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