UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-7648

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

DARRELL L. PADGETT,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of West Virginia, at Bluefield. Elizabeth V. Hallanan, Senior District Judge. (CR-91-166)

Submitted: September 10, 1998 Decided: September 22, 1998

Before MURNAGHAN, MICHAEL, and MOTZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Darrell L. Padgett, Appellant Pro Se. John Castle Parr, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West 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Unpublished opinions are not binding precedent in this circuit.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

(b) (West Supp. 1998) motion. We have reviewed the

record and the district court’s opinion and find no reversible

error. Accordingly, we affirm on the reasoning of the district

court. United States v. Padgett, No. CR-91-166 (S.D.W. Va. Oct. 27,

1997). To the extent Appellant’s motion should have been construed

as a

(1994) petition, Appellant is not entitled to

credit for time served in state custody since his federal sentence

was explicitly imposed to run consecutive to any state sentence. 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.

AFFIRMED

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