United States v. Escobar

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-6918 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus FELIX ESCOBAR, Defendant - Appellant. Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior District Judge. (CR-96-251-A) Submitted: October 7, 1999 Decided: October 14, 1999 Before MURNAGHAN, LUTTIG, and MOTZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Felix Escobar, Appellant Pro Se. Rebeca Hidalgo Bellows, Assistant United States Attorney, Alexandria, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Felix Escobar 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 dis- trict court. See United States v. Escobar, No. CR-96-251-A (E.D. Va. Apr. 21, 1999).* We dispense with oral argument because the facts and legal contentions are adequately presented in the mate- rials before the court and argument would not aid the decisional process. DISMISSED * Although the district court’s order is marked as “filed” on April 19, 1999, the district court’s order was entered on the docket sheet on April 21, 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