United States v. Marcum

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 95-6766 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus RUSSELL MARCUM, JR., Defendant -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-92-154, CA-94-1067-2) Submitted: January 11, 1996 Decided: January 23, 1996 Before RUSSELL, HALL, and WILKINSON, Circuit Judges. Affirmed by unpublished per curiam opinion. Russell Marcum, Jr., Appellant Pro Se. Michael M. Fisher, 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 Unpublished opinions are not binding precedent in this circuit.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: 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. Accordingly, we affirm on the reasoning of the district court. United States v. Marcum, Nos. CR-92-154; CA-94-1067-2 (S.D.W. Va. Apr. 24, 1995). We dispense with oral argument because the facts and legal contentions are ade- quately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 2