United States v. Payne

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 97-6256 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus MARK STEPHEN PAYNE, Defendant - Appellant. Appeal from the United States District Court for the Western Dis- trict of Virginia, at Roanoke. James C. Turk, District Judge. (CR-90-73-R, CA-97-77-R) Submitted: January 13, 1998 Decided: March 12, 1998 Before WIDENER and MICHAEL, Circuit Judges, and HALL, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Mark Stephen Payne, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit.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 ap- pealability and dismiss the appeal on the reasoning of the district court. United States v. Payne, Nos. CR-90-73-R; CA-97-77-R (W.D. Va. Feb. 3, 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