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

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    Harvey Wilson Miller appealed the district court's denial of his motion to vacate, set aside or correct his sentence under 28 U.S.C. § 2255. The United States Court of Appeals for the Fourth Circuit reviewed the record and found no reversible error in the district court's decision. The appellate court denied Miller a certificate of appealability and dismissed the case based on the district court's reasoning, without requiring additional oral arguments.

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    Filed: 1998-05-04 Precedential Status: Non-Precedential Docket: 98-6221

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    Harvey Wilson Miller appealed the district court's denial of his motion to vacate, set aside or correct his sentence under 28 U.S.C. § 2255. The United States Court of Appeals for the Fourth Circuit reviewed the record and found no reversible error in the district court's decision. The appellate court denied Miller a certificate of appealability and dismissed the case based on the district court's reasoning, without requiring additional oral arguments.

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

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    Harvey Wilson Miller appealed the district court's denial of his motion to vacate, set aside or correct his sentence under 28 U.S.C. § 2255. The United States Court of Appeals for the Fourth Circuit reviewed the record and found no reversible error in the district court's decision. The appellate court denied Miller a certificate of appealability and dismissed the case based on the district court's reasoning, without requiring additional oral arguments.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 98-6221

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    HARVEY WILSON MILLER,
    Defendant - Appellant.

    Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Senior District
    Judge. (CR-94-106-R, CA-97-202-R)
    Submitted:

    April 16, 1998

    Decided:

    May 4, 1998

    Before WILKINS and HAMILTON, Circuit Judges, and PHILLIPS, Senior


    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Harvey Wilson Miller, 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 appeals the district court's order denying his
    motion filed under 28 U.S.C. 2255 (1994) (current version at 28
    U.S.C.A. 2255 (West 1994 & Supp. 1998)). 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 on the reasoning of the district court. United States v.
    Miller, Nos. CR-94-106-R; CA-97-202-R (W.D. Va. Jan. 27, 1998). 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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