United States v. Nance

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 96-7779 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus JIMMY LAWRENCE NANCE, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, District Judge. (CR-92-135, CA-96-334-R) Submitted: February 13, 1997 Decided: February 27, 1997 Before WIDENER and HAMILTON, Circuit Judges, and BUTZNER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Jimmy Lawrence Nance, Appellant Pro Se. Thomas Linn Eckert, Assis- tant United States Attorney, Roanoke, 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 Unpublished opinions are not binding precedent in this circuit.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 rea- soning of the district court. United States v. Nance, Nos. CR-92- 135; CA-96-334-R (W.D. Va. Nov. 7, 1996). We decline to review any issues Appellant seeks to raise for the first time on appeal. We deny Appellant's motion for appointment of counsel. 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