United States v. Newkirk

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 96-7432 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus WILLIE EDWIN NEWKIRK, Defendant - Appellant. Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Alexandria. Claude M. Hilton, District Judge. (CR-94-300, CA-95-1581-AM) Submitted: February 13, 1997 Decided: February 26, 1997 Before WIDENER and HAMILTON, Circuit Judges, and BUTZNER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Willie Edwin Newkirk, Appellant Pro Se. Michael Edward Rich, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, 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 Unpublished opinions are not binding precedent in this circuit.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, and his motion for correction or reduction of sentence filed pursuant to Fed. R. Crim. P. 35(a). 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. Newkirk, Nos. CR-94-300; CA-95-1581-AM (E.D. Va. Aug. 6, 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