United States v. Rivera

U.S. Court of Appeals for the Fourth Circuit

United States v. Rivera

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-6963

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

NELSON RIVERA,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior District Judge. (CR-96-251, CA-99-183)

Submitted: October 7, 1999 Decided: October 14, 1999

Before MURNAGHAN, LUTTIG, and MOTZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Nelson Rivera, Appellant Pro Se. Rebeca Hidalgo Bellows, Assistant United States Attorney, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Nelson Rivera seeks to appeal the district court’s orders de-

nying his motion filed under

28 U.S.C.A. § 2255

(West Supp. 1999),

and denying his motion for reconsideration. 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. Rivera, Nos. CR-96-251; CA-99-183 (E.D. Va. Feb.

19 & Mar. 10, 1999).* We dispense with oral argument because the

facts and legal contentions are adequately presented in the mate-

rials before the court and argument would not aid the decisional

process.

DISMISSED

* Although the district court’s order is marked as “filed” on March 8, 1999, the district court’s records show that it was entered on the docket sheet on March 10, 1999. Pursuant to Rules 58 and 79(a) of the Federal Rules of Civil Procedure, it is the date that the 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, 124-35

(4th Cir. 1986).

2

Reference

Status
Unpublished