United States v. Phillips

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 97-7750 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus SAMUEL CLIVE PHILLIPS, a/k/a Jungle, a/k/a Culture, a/k/a David, Defendant - Appellant. Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Norfolk. Henry C. Morgan, Jr., District Judge. (CR-93-131, CA-97-408-2) Submitted: February 24, 1998 Decided: March 17, 1998 Before HAMILTON, MICHAEL, and MOTZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Samuel Clive Phillips, Appellant Pro Se. Robert Joseph Seidel, Jr., Assistant United States Attorney, Arenda L. Wright Allen, Assistant United States Attorney, Kevin Michael Comstock, OFFICE OF THE UNITED STATES ATTORNEY, Norfolk, Virginia, 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 Unpublished opinions are not binding precedent in this circuit.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 for reconsideration of the court's previous order denying him relief 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 cer- tificate of appealability and dismiss the appeal on the reasoning of the district court. United States v. Phillips, Nos. CR-93-131; CA-97-408-2 (E.D. Va. Nov. 18, 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