United States v. Brown

U.S. Court of Appeals for the Fourth Circuit November 30, 2005

Opinion

No. 05-7434

Plaintiff - Appellee,

versus

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Lacy H. Thornburg, District Judge. (CR-99-75)

Submitted: November 17, 2005 Decided: November 30, 2005

Before WILKINSON, LUTTIG, and WILLIAMS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Waynely Brown, Appellant Pro Se. Jerry Wayne Miller, OFFICE OF THE UNITED STATES ATTORNEY, Asheville, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Waynely Brown appeals a district court order denying his

motion to compel the Government to file a Federal Rules of Criminal

Procedure Rule 35(b) motion. We have reviewed the record and the

district court opinion and affirm for the reasons cited by the

district court. See United States v. Waynely, No. CR-99-75

(W.D.N.C. Aug. 29, 2005). 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.

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