UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-7190

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

HERBERT ZELLMER,

Defendant - Appellant.

Appeal from the United States District Court for the District of Maryland, at Baltimore. J. Frederick Motz, Chief District Judge. (CR-94-150-S, CA-98-1673-JFM)

Submitted: January 20, 2000 Decided: January 28, 2000

Before WILLIAMS, MICHAEL, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Herbert Zellmer, Appellant Pro Se. Lynne Ann Battaglia, United States Attorney, Bonnie S. Greenberg, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Herbert Zellmer seeks to appeal the district court’s order

denying his motion filed under

(West Supp.

1999). We have reviewed the record and the district court’s opin-

ion and find no reversible error. Accordingly, we deny a certif-

icate of appealability and dismiss the appeal on the reasoning of

the district court. See United States v. Zellmer, Nos. CR-94-150-

S; CA-98-1673-JFM (D. Md. Aug. 25, 1999).* 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

* Although the district court’s order is marked as “filed” on August 24, 1999, the district court’s records show that it was entered on the docket sheet on August 25, 1999. Pursuant to Rules 58 and 79(a) of the Federal Rules of Civil Procedure, it is the date 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,

(4th Cir. 1986).

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