United States v. Mcphaul

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 97-6008
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JOHN MCPHAUL,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern Dis-
trict of North Carolina, at Raleigh. Terrence W. Boyle, District
Judge. (CR-95-22-BO, CA-96-127-BO)
Submitted: July 10, 1997 Decided: July 23, 1997
Before RUSSELL, HALL, and MURNAGHAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
John McPhaul, Appellant Pro Se. Cynthia Elaine Tompkins, OFFICE OF
THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
John McPhaul seeks to appeal the district court's order deny-
ing 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
appealability and dismiss the appeal on the reasoning of the dis-
trict court. United States v. McPhaul, Nos. CR-95-22-BO; CA-96-127-
BO (E.D.N.C. Nov. 8, 1996). We dispense with oral argument because
the facts and legal contentions are adequately presented in the ma-
terials before the court and argument would not aid the decisional
process.
DISMISSED
2