United States v. Lambert

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 97-6915 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus CHARLES LLOYD LAMBERT, II, Defendant - Appellant. Appeal from the United States District Court for the Western Dis- trict of Virginia, at Roanoke. James C. Turk, District Judge. (CR-91-21, CA-94-924-R) Submitted: September 23, 1997 Decided: October 9, 1997 Before MURNAGHAN, NIEMEYER, and LUTTIG, Circuit Judges. Affirmed by unpublished per curiam opinion. Charles Lloyd Lambert, II, Appellant Pro Se. Ray B. Fitzgerald, Jr., OFFICE OF THE UNITED STATES ATTORNEY, Charlottesville, Vir- ginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Appellant appeals the district court's order denying his Fed. R. Civ. P. 60(b) motion seeking relief from the court's judgment denying his motion filed under 28 U.S.C. § 2255 (1994) (current version at 28 U.S.C.A. § 2255 (West 1994 & Supp. 1997)). We have reviewed the record and the district court's opinion and find no abuse of discretion. Accordingly, we affirm on the reasoning of the district court. United States v. Lambert, Nos. CR-91-21; CA-94-924- R (W.D. Va. June 11, 1997). 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. AFFIRMED 2