United States v. Lambert

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-6822 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus LOFTON HOWARD LAMBERT, III, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Charlottesville. James C. Turk, District Judge. (CR-93-5, CA-96-867-R) Submitted: July 30, 1998 Decided: August 27, 1998 Before WIDENER, LUTTIG, and WILLIAMS, Circuit Judges. Dismissed by unpublished per curiam opinion. Margaret McLeod Cain, MARGARET MCLEOD CAIN, P.C., Charlottesville, Virginia, for Appellant. Ray B. Fitzgerald, Jr., OFFICE OF THE UNITED STATES ATTORNEY, Charlottesville, 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 Unpublished opinions are not binding precedent in this circuit.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 his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1998). We have reviewed the record and the district court’s opinion accepting the recommendation of the magistrate judge and find no reversible error. Accordingly, we deny a certificate of appealabil- ity and dismiss the appeal on the reasoning of the district court. United States v. Lambert, Nos. CR-93-5; CA-96-867-R (W.D. Va. May 18, 1998). 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