United States v. Decator

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 97-7628 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus KITTRELL BERNARD DECATOR; CRAIG LAMONT SCOTT, Defendants - Appellants. Appeal from the United States District Court for the District of Maryland, at Baltimore. J. Frederick Motz, Chief District Judge. (CR-94-281-K, CR-95-202-K) Submitted: January 30, 1998 Decided: February 18, 1998 Before WIDENER and HAMILTON, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Kittrell Bernard Decator, Craig Lamont Scott, Appellants Pro Se. James G. Warwick, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Kittrell B. Decator and Craig L. Scott appeal from the dis- trict court's order denying their motion filed pursuant to Fed. R. Civ. P. 12(b)(1), (6), to dismiss their convictions and sentences for bank robbery, 18 U.S.C.A. § 2113(a) (West Supp. 1997). Appel- lants contend that the Government does not have a private cause of action under the bank robbery statute. Because their claims are frivolous, we affirm the district court's dismissal of their motion. 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