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    United States v. Smith, 4th Cir. (1997)

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    The United States Court of Appeals for the Fourth Circuit issued an unpublished opinion dismissing Dwayne Ramon Smith's appeal of a district court's denial of his motion to vacate, set aside or correct his sentence under 28 U.S.C. § 2255. The appellate court reviewed the record and found no reversible error in the district court's acceptance of the magistrate judge's recommendation. The appellate court therefore denied a certificate of appealability and dismissed the appeal based on the reasoning provided by the district court in its October 4, 1996 opinion.

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    United States v. Smith, 4th Cir. (1997)

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    The United States Court of Appeals for the Fourth Circuit issued an unpublished opinion dismissing Dwayne Ramon Smith's appeal of a district court's denial of his motion to vacate, set aside or correct his sentence under 28 U.S.C. § 2255. The appellate court reviewed the record and found no reversible error in the district court's acceptance of the magistrate judge's recommendation. The appellate court therefore denied a certificate of appealability and dismissed the appeal based on the reasoning provided by the district court in its October 4, 1996 opinion.

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    Filed: 1997-03-13 Precedential Status: Non-Precedential Docket: 96-7617

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    The United States Court of Appeals for the Fourth Circuit issued an unpublished opinion dismissing Dwayne Ramon Smith's appeal of a district court's denial of his motion to vacate, set aside or correct his sentence under 28 U.S.C. § 2255. The appellate court reviewed the record and found no reversible error in the district court's acceptance of the magistrate judge's recommendation. The appellate court therefore denied a certificate of appealability and dismissed the appeal based on the reasoning provided by the district court in its October 4, 1996 opinion.

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    7 views2 pages

    United States v. Smith, 4th Cir. (1997)

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    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit issued an unpublished opinion dismissing Dwayne Ramon Smith's appeal of a district court's denial of his motion to vacate, set aside or correct his sentence under 28 U.S.C. § 2255. The appellate court reviewed the record and found no reversible error in the district court's acceptance of the magistrate judge's recommendation. The appellate court therefore denied a certificate of appealability and dismissed the appeal based on the reasoning provided by the district court in its October 4, 1996 opinion.

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    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 District 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 Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104132, 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 certificate of appealability and dismiss the appeal on the reasoning of
    the district court. United States v. Smith, Nos. CR-89-105-G; CA96-296-2 (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 decisional process.

    DISMISSED

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