United States v. Ray

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-7617 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus JOSEPH ALVIN RAY, Defendant - Appellant. Appeal from the United States District Court for the Middle Dis- trict of North Carolina, at Winston-Salem. Frank W. Bullock, Jr., Chief District Judge. (CR-95-89, CA-98-256-1) Submitted: March 11, 1999 Decided: March 16, 1999 Before WIDENER and LUTTIG, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Marcia Gail Shein, LAW OFFICE OF MARICA G. SHEIN, P.C., Atlanta, Georgia, for Appellant. Harry L. Hobgood, Assistant United States Attorney, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Joseph Alvin Ray 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 appealability and dismiss the appeal on the reasoning of the dis- trict court. See United States v. Ray, Nos. CR-95-89; CA-98-256-1 (M.D.N.C. Sept. 29, 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