UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-6084
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
TYRONE LOVELL STATON, a/k/a T Bone, a/k/a Bone,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. J. Calvitt Clarke, Jr., Senior
District Judge. (CR-90-108)
Submitted: May 7, 1996 Decided: July 23, 1996
Before HALL, NIEMEYER, and HAMILTON, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Tyrone Lovell Staton, Appellant Pro Se. Charles Dee Griffith, Jr.,
OFFICE OF THE UNITED STATES ATTORNEY, Norfolk, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant Tyrone Lovell Staton appeals the district court's
order denying his 28 U.S.C. § 2255 (1988) motion to vacate his sen-
tence. We have reviewed the record and the district court's order
and find no reversible error. Accordingly, we affirm substantially
on the reasoning of the district court. United States v. Staton,
No. CR-90-108 (E.D. Va. Dec. 19, 1995). We find that the ambiguity
existing in Staton's resentencing agreement with the Government
constituted only harmless error and that the court properly applied
a base offense level of 30. We also find harmless the resentencing
court's mistaken reference to an incorrect count of the grand jury
indictment. 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
2