United States v. McClary

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 96-6971 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus THOMAS R. MCCLARY, a/k/a BooBoo, Defendant - Appellant. Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Richmond. James R. Spencer, District Judge. (CR-89-82, CA-91-453) Submitted: January 23, 1997 Decided: February 4, 1997 Before RUSSELL, WILKINS, and WILLIAMS, Circuit Judges. Dismissed by unpublished per curiam opinion. Thomas R. McClary, Appellant Pro Se. Stephen Wiley Miller, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Appellant seeks to appeal the district court's order denying his motion filed under 28 U.S.C. § 2255 (1994), amended by Antiter- rorism and Effective Death Penalty Act of 1996, Pub. L. No. 104- 132, 110 Stat. 1214. We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. United States v. McClary, Nos. CR-89-82; CA-91-453 (E.D. Va. June 13, 1996). 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. DISMISSED 2