United States v. Gardner

U.S. Court of Appeals for the Fourth Circuit February 27, 2001

Opinion

No. 00-6941

Plaintiff - Appellee,

versus

Defendant - Appellant.

Appeal from the United States District Court for the Western Dis- trict of North Carolina, at Shelby. Lacy H. Thornburg, District Judge. (CR-95-3)

Submitted: February 22, 2001 Decided: February 27, 2001

Before WIDENER and WILLIAMS, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Donnell Decol Gardner, Appellant Pro Se. Brian Lee Whisler, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Donnell Decol Gardner appeals the district court’s order deny-

ing his motion for a new trial pursuant to Fed. R. Crim. P. 33. 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. Gardner, No. CR-95-3 (W.D.N.C.

filed May 31, 2000; entered June 1, 2000). 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.