United States v. Clark

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-7843
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JEREMIAH CLARK,
Defendant - Appellant.
Appeal from the United States District Court for the Western Dis-
trict of Virginia, at Roanoke. Jackson L. Kiser, Chief District
Judge. (CR-92-86, CA-95-1323-R)
Submitted: February 13, 1997 Decided: February 27, 1997
Before WIDENER and HAMILTON, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Jeremiah Clark, Appellant Pro Se. Ray B. Fitzgerald, Jr., OFFICE
OF THE UNITED STATES ATTORNEY, Charlottesville, 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Unpublished opinions are not binding precedent in this circuit.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. § 2255 (1994), amended by Antiter-
rorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-
132, 110 Stat. 1214, and dismissing his complaint for return of
forfeited property filed pursuant to Fed. R. Crim. P. 41(e). We
have reviewed the record and the district court's opinion and find
no reversible error. Accordingly, we deny a certificate of appeal-
ability and dismiss the appeal on the reasoning of the district
court. United States v. Clark, Nos. CR-92-86; CA-95-1323-R (W.D.
Va. Oct. 1, 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 decisional process.
DISMISSED
2