United States v. Stewart

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-7052 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus SAMUEL AUGUSTUS STEWART, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, District Judge. (CR-95-63, CA-97-749-R) Submitted: December 17, 1998 Decided: January 6, 1999 Before WILKINS, NIEMEYER, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Samuel Augustus Stewart, Appellant Pro Se. Sharon Burnham, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Samuel Augustus Stewart 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 appealability and dismiss the appeal on the rea- soning of the district court. See United States v. Stewart, No. CR-95-63; CA-97-749-R (W.D. Va. May 5, 1998). We dispense with oral argument because the facts and legal contentions are ade- quately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2