United States v. Conyers ( 1999 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-6573
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ERIK CONYERS,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Columbia. Dennis W. Shedd, District Judge.
(CR-94-137, CA-97-1180-3-19)
Submitted: June 17, 1999 Decided: June 25, 1999
Before MURNAGHAN and TRAXLER, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Erik Conyers, Appellant Pro Se. Sean Kittrell, OFFICE OF THE UNITED
STATES ATTORNEY, Charleston, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Erik Conyers seeks to appeal the district court’s order deny-
ing his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp.
1999). We have reviewed the record and the district court’s opin-
ion and find no reversible error. Conyers fails to show he was
prejudiced by counsel’s failure to request an additional one-point
reduction for acceptance of responsibility under U.S. Sentencing
Guidelines Manual § 3E1.1 (1993). Similarly, because the probation
officer’s estimate of the amount of drugs for which Conyers was
responsible was actually very conservative, Conyers cannot show he
was prejudiced by counsel’s failure to object to this amount. See
Lockhart v. Fretwell, 506 U.S. 364, 372 (1993). Accordingly, we
deny Conyers’ motion for a certificate of appealability and dismiss
the appeal. See United States v. Conyers, Nos. CR-94-137; CA-97-
1180-3-19 (D.S.C. Mar. 29, 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
2