United States v. Nance

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-6604 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus ROBERT LEROY NANCE, Defendant - Appellant. Appeal from the United States District Court for the Southern District of West Virginia, at Huntington. Robert J. Staker, Senior District Judge. (CR-88-222, CA-97-385-3) Submitted: September 30, 1998 Decided: October 15, 1998 Before ERVIN, LUTTIG, and WILLIAMS, Circuit Judges. Dismissed by unpublished per curiam opinion. Robert Leroy Nance, Appellant Pro Se. Amy Michelle Lecocq, Michael Lee Keller, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Robert Leroy Nance appeals the district court’s order denying his motion filed under 28 U.S.C. § 2255 (1994) (current version at 28 U.S.C.A. § 2255 (West 1994 & Supp. 1998)). We have reviewed the record and the district court’s opinion accepting the recommenda- tion of the magistrate judge and find no reversible error. Accord- ingly, we dismiss on the reasoning of the district court. United States v. Nance, Nos. CR-88-222; CA-97-385-3 (S.D.W. Va. Mar. 26, 1998). See Lindh v. Murphy, 521 U.S. ___, 1997 WL 338568 (U.S. June 23, 1997) (No. 96-6298). We accordingly deny a certificate of appealability and dismiss the appeal. 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