United States v. Merritt

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-6541 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus ROBERT J. MERRITT, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. Frederic N. Smalkin, District Judge. (CR- 95-167-S, CA-97-3672-S, CA-98-321-S) Submitted: October 8, 1998 Decided: October 26, 1998 Before WIDENER, NIEMEYER, and MICHAEL, Circuit Judges. Dismissed by unpublished per curiam opinion. Robert J. Merritt, Appellant Pro Se. Kathleen O’Connell Gavin, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, 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 Unpublished opinions are not binding precedent in this circuit.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 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. Merritt, Nos. CR-95-167-S; CA-97-3672-S; CA-98-321-S (D. Md. Nov. 4, 1997; Feb. 3, 1998). To the extent Ap- pellant seeks to raise issues on appeal which were not properly presented to the district court for determination, we decline to consider those issues. We deny Appellant’s motion for expedited treatment and for oral argument. The facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2