United States v. King

U.S. Court of Appeals for the Fourth Circuit

United States v. King

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-6534

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

BERNARD KING, a/k/a Shaborn,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca B. Smith, District Judge. (CR-94-163, CA-98-792-2)

Submitted: June 22, 1999 Decided: September 24, 1999

Before ERVIN,* WILKINS, and NIEMEYER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Cheryl Johns Sturm, Westtown, Pennsylvania, for Appellant. Arenda L. Wright Allen, Assistant United States Attorney, Norfolk, Virginia, for Appellee.

* Judge Ervin participated in the consideration of this case but died prior to the time the decision was filed. The decision is filed by a quorum of the panel pursuant to

28 U.S.C. § 46

(d). Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:

Bernard King seeks to appeal the district court’s orders deny-

ing his motion filed under

28 U.S.C.A. § 2255

(West Supp. 1999) and

his motion for reconsideration of that order. We have reviewed the

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

error. Accordingly, we deny a certificate of appealability and

dismiss the appeal on the reasoning of the district court. See

United States v. King, Nos. CR-94-163; CA-98-792-2 (E.D. Va. Feb.

18, 1999; Apr. 1, 1999).* 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

* Although the district court’s orders are marked as “filed” on February 17, 1999, and March 31, 1999, the district court’s records show that the orders were entered on the docket sheet on February 18, 1999, and April 1, 1999, respectively. Pursuant to Rules 58 and 79(a) of the Federal Rules of Civil Procedure, it is the date that the judgment or order was entered on the docket sheet that we take as the effective date of the district court’s decision. See Wilson v. Murray,

806 F.2d 1232, 1234-35

(4th Cir. 1986).

2

Reference

Status
Unpublished