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  • United States v. Smith, 4th Cir. (1998)

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    David Smith filed a motion under 28 U.S.C.A. § 2255 to appeal his district court conviction. The United States Court of Appeals for the Fourth Circuit reviewed the district court's denial of Smith's motion and found no reversible error. The appeals court denied Smith's request for a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning. It also denied Smith's motion for appointment of counsel. The appeals court ruled without oral argument, determining the facts and legal arguments were adequately explained in the case materials.

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    Filed: 1998-08-27 Precedential Status: Non-Precedential Docket: 97-7451

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    David Smith filed a motion under 28 U.S.C.A. § 2255 to appeal his district court conviction. The United States Court of Appeals for the Fourth Circuit reviewed the district court's denial of Smith's motion and found no reversible error. The appeals court denied Smith's request for a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning. It also denied Smith's motion for appointment of counsel. The appeals court ruled without oral argument, determining the facts and legal arguments were adequately explained in the case materials.

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    6 views2 pages

    United States v. Smith, 4th Cir. (1998)

    Uploaded by

    Scribd Government Docs
    David Smith filed a motion under 28 U.S.C.A. § 2255 to appeal his district court conviction. The United States Court of Appeals for the Fourth Circuit reviewed the district court's denial of Smith's motion and found no reversible error. The appeals court denied Smith's request for a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning. It also denied Smith's motion for appointment of counsel. The appeals court ruled without oral argument, determining the facts and legal arguments were adequately explained in the case materials.

    Copyright:

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 97-7451

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    DAVID ANTIONNE SMITH,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Chief District
    Judge. (CR-91-443, CA-97-840-AM)

    Submitted:

    August 11, 1998

    Decided:

    August 27, 1998

    Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    David Antionne Smith, Appellant Pro Se. Janet S. Reinke, OFFICE OF
    THE UNITED STATES ATTORNEY, Norfolk, 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 courts order denying
    his motion filed under 28 U.S.C.A. 2255 (West 1994 & Supp. 1998).
    We have reviewed the record and the district courts opinion 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-91-7451; CA-97-840-AM (E.D.
    Va. Sept. 17, 1997). We deny Smiths motion for appointment of
    counsel. 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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