UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 97-7195
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
YVONNE RENE LEIGH,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior
District Judge. (CR-94-406-A, CA-97-1087-AM)
Submitted: July 2, 1998 Decided: July 17, 1998
Before NIEMEYER and HAMILTON, Circuit Judges, and HALL, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Yvonne Rene Leigh, Appellant Pro Se. Leslie Bonner McClendon,
OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.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
her motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1998).
We have reviewed the record and the district court’s opinion and
find no reversible error. We decline to address the district
court’s comment that Appellant’s § 2255 motion was barred by the
one-year limitations period imposed by the Antiterrorism and
Effective Death Penalty Act of 1996, 28 U.S.C.A. § 2255 (West Supp.
1998), because we find that the district court correctly denied
Appellant’s motion on alternative grounds. Accordingly, we deny a
certificate of appealability and dismiss the appeal on the district
court’s finding that Appellant’s downward departure claims could
not be raised in a § 2255 proceeding and its determination that her
sentencing claim was barred because it had been raised on direct
appeal. United States v. Leigh, Nos. CR-94-406-A; CA-97-1087-AM
(E.D. Va. July 29, 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.
DISMISSED
2