United States v. Grate ( 1997 )


Menu:
  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 97-7222
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    versus
    DERRICK GRATE,
    Defendant - Appellant.
    Appeal from the United States District Court for the Eastern Dis-
    trict of Virginia, at Alexandria. Leonie M. Brinkema, District
    Judge. (CR-93-161-A, CA-97-837-AM)
    Submitted:   December 11, 1997         Decided:     December 31, 1997
    Before HALL and WILLIAMS, Circuit Judges, and PHILLIPS, Senior
    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Derrick Grate, Appellant Pro Se. John Patrick Rowley III, OFFICE
    OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Appellant seeks to appeal the district court's order denying
    his motion filed under 
    28 U.S.C.A. § 2255
     (West 1994 & Supp. 1997).
    We have reviewed the record and the district court's opinion and
    find no reversible error. Accordingly, we deny a certificate of ap-
    pealability and dismiss the appeal. The district court did not err
    in concluding that Appellant's conduct amounted to "use" within the
    meaning of 
    18 U.S.C. § 924
    (c) (1994). See United States v. Smith,
    
    508 U.S. 233
     (1993). 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
    2
    

Document Info

Docket Number: 97-7222

Filed Date: 12/31/1997

Precedential Status: Non-Precedential

Modified Date: 10/30/2014