United States v. Carbarcas-A

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 96-6855 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus LUIS CARBARCAS-A, a/k/a Lucho, Defendant - Appellant. Appeal from the United States District Court for the Western Dis- trict of North Carolina, at Charlotte. Robert D. Potter, Senior District Judge. (CR-85-62-C, CA-95-436-3-P) Submitted: December 30, 1997 Decided: January 15, 1998 Before MICHAEL and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Cheryl Johns Sturm, Westtown, Pennsylvania, for Appellant. Frank DeArmon Whitney, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, 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 Unpublished opinions are not binding precedent in this circuit.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 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 reversible error. Accordingly, we affirm on the reasoning of the district court. United States v. Carbarcas-A, Nos. CR-85-62-C; CA-95-436-3-P (W.D.N.C. Apr. 16, 1996). See Lindh v. Murphy, 521 U.S. ___, 1997 WL 338568 (U.S. June 23, 1997) (No. 96-6298). 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. AFFIRMED 2