United States v. Hargrove

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 97-6230 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus JAMES LESLIE HARGROVE, Defendant - Appellant. Appeal from the United States District Court for the Western Dis- trict of Virginia, at Roanoke. James C. Turk, District Judge. (CR-92-147, CA-96-214-R) Submitted: June 19, 1997 Decided: June 30, 1997 Before WILKINS and MICHAEL, Circuit Judges, and BUTZNER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. James Leslie Hargrove, Appellant Pro Se. Donald Ray Wolthuis, OFFICE OF THE 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 Unpublished opinions are not binding precedent in this circuit.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.A. § 2255 (West 1994 & Supp. 1997), and denying his motion for a writ of audita querela. We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we deny a certificate of appeal- ability and dismiss the appeal on the reasoning of the district court. United States v. Hargrove, Nos. CR-92-147; CA-96-214-R (W.D. Va. Jan. 28, 1997).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