United States v. Fraser

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-6810 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus DONALD WILLIAM FRASER, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. Frederic N. Smalkin, District Judge. (CR- 91-181-ALL, CA-99-1036-S) Submitted: August 19, 1999 Decided: August 26, 1999 Before WIDENER and KING, Circuit Judges, and PHILLIPS, Senior Cir- cuit Judge. Dismissed by unpublished per curiam opinion. Helen Wang, Philadelphia, Pennsylvania, for Appellant. Lynne Ann Battaglia, United States Attorney, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Donald William Fraser seeks to appeal the district court’s order denying his motion filed under 28 U.S.C.A. § 2255 (West Supp. 1999). We have reviewed the record and the district court’s opin- ion and find no reversible error. Accordingly, we deny a certifi- cate of appealability and dismiss the appeal on the reasoning of the district court. See United States v. Fraser, Nos. CR-91-181- ALL; CA-99-1036-S (D. Md. May 10, 1999).* We dispense with oral argument 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 dated May 7, 1999, the district court’s records show that it was entered on the docket sheet on May 10, 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