United States v. Harper

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-6664 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus CHRIS HARPER, Defendant - Appellant. Appeal from the United States District Court for the Western Dis- trict of North Carolina, at Charlotte. Richard L. Voorhees, Dis- trict Judge. (CR-96-183, CA-99-93-3-V) Submitted: July 22, 1999 Decided: July 28, 1999 Before ERVIN, HAMILTON, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Chris Harper, Appellant Pro Se. Brian Lee Whisler, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Chris Harper seeks to appeal the district court’s order deny- ing his motion filed under 28 U.S.C.A. § 2255 (West Supp. 1999). 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 district court. See United States v. Harper, Nos. CR-96-183; CA- 99-93-3-V (W.D.N.C. Apr. 27, 1999*). We dispense with oral argu- ment because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED * Although the district court’s order is marked as “filed” on April 23, 1999, the district court’s records show that it was entered on the docket sheet on April 27, 1999. Pursuant to Rules 58 and 79(a) of the Federal Rules of Civil Procedure, it is the date that the order was entered on the docket sheet that we take as the effective date of the district court’s decision. See Wilson v. Murray, 806 F.2d 1232, 1234-35 (4th Cir. 1986). 2