United States v. Smith

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-7617
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DWAYNE RAMON SMITH,
Defendant - Appellant.
Appeal from the United States District Court for the Middle Dis-
trict of North Carolina, at Winston-Salem. Hiram H. Ward, Senior
District Judge. (CR-89-105-G, CA-96-296-2)
Submitted: February 27, 1997 Decided: March 13, 1997
Before MURNAGHAN, NIEMEYER, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Dwayne Ramon Smith, Appellant Pro Se. Benjamin H. White, Jr.,
Assistant United States Attorney, Greensboro, North Carolina, 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Unpublished opinions are not binding precedent in this circuit.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. § 2255 (1994), amended by Antiter-
rorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-
132, 110 Stat. 1214. We have reviewed the record and the district
court's opinion accepting the recommendation of the magistrate
judge and find no reversible error. Accordingly, we deny a certifi-
cate of appealability and dismiss the appeal on the reasoning of
the district court. United States v. Smith, Nos. CR-89-105-G; CA-
96-296-2 (M.D.N.C. Oct. 4, 1996). 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 deci-
sional process.
DISMISSED
2