United States v. Gunter ( 1999 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-6188
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JAMIE KAY GUNTER,
Defendant - Appellant.
Appeal from the United States District Court for the Western Dis-
trict of North Carolina, at Charlotte. Graham C. Mullen, Chief
District Judge. (CR-95-124-MU, CA-98-568-MU)
Submitted: June 17, 1999 Decided: June 24, 1999
Before MURNAGHAN and TRAXLER, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Jamie Kay Gunter, Appellant Pro Se. Robert Jack Higdon, Jr.,
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Unpublished opinions are not binding precedent in this circuit.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:
Jamie Kay Gunter seeks to appeal the district court’s order
denying her motion filed under 28 U.S.C.A. § 2255 (West 1994 &
Supp. 1999). We have reviewed the record and the district court’s
opinion and find no reversible error. Accordingly, we deny a cer-
tificate of appealability and dismiss the appeal on the reasoning
of the district court. See United States v. Gunter, Nos. CR-95-
124-MU; CA-98-568-MU (W.D.N.C. Jan. 21, 1999).* We dispense with
oral argument because the facts and legal contentions are adequate-
ly 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
January 20, 1999, the district court’s records show that it was
entered on the docket sheet on January 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