United States v. Graham

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-6759 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus HERBERT GRAHAM, Defendant - Appellant. Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Wilmington. Malcolm J. Howard, Dis- trict Judge. (CR-95-69-H, CA-97-147-7-H) Submitted: November 5, 1998 Decided: November 19, 1998 Before ERVIN, LUTTIG, and MOTZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Herbert Graham, Appellant Pro Se. Robert Edward Skiver, Assistant United States Attorney, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Herbert Graham seeks to appeal the district court’s order de- nying 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 appealability and dismiss the appeal on the reasoning of the dis- trict court. United States v. Graham, Nos. CR-95-69-H; CA-97-147-7- H (E.D.N.C. Mar. 23, 1998). 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