United States v. Swain

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 96-6910 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus COREY VIDEL SWAIN, Defendant - Appellant. Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Raleigh. James C. Fox, Chief District Judge. (CR-93-71-F, CA-96-247-5-F) Submitted: April 17, 1997 Decided: April 25, 1997 Before NIEMEYER and WILLIAMS, Circuit Judges, and BUTZNER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Corey Videl Swain, Appellant Pro Se. William Arthur Webb, Assistant United States Attorney, Charles Edwin Hamilton, III, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, 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 Unpublished opinions are not binding precedent in this circuit.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.A. § 2255 (West 1994 & Supp. 1997). 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 dis- trict court. United States v. Swain, Nos. CR-93-71-F; CA-96-247-5-F (E.D.N.C. Apr. 23, 1996). We dispense with oral argument because the facts and legal contentions are adequately presented in the ma- terials before the court and argument would not aid the decisional process. DISMISSED 2