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  • United States v. Jimmy Ray Smith, 4th Cir. (1999)

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    The United States Court of Appeals for the Fourth Circuit dismissed Jimmy Ray Smith's appeal of the district court's denial of his motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. The appellate court reviewed the record and found no reversible error in the district court's acceptance of the magistrate judge's recommendation. The appellate court denied a certificate of appealability and dismissed the appeal based on the reasoning provided by the district court in its opinion.

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    Filed: 1999-08-26 Precedential Status: Non-Precedential Docket: 99-6674

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    The United States Court of Appeals for the Fourth Circuit dismissed Jimmy Ray Smith's appeal of the district court's denial of his motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. The appellate court reviewed the record and found no reversible error in the district court's acceptance of the magistrate judge's recommendation. The appellate court denied a certificate of appealability and dismissed the appeal based on the reasoning provided by the district court in its opinion.

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    2 views2 pages

    United States v. Jimmy Ray Smith, 4th Cir. (1999)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Jimmy Ray Smith's appeal of the district court's denial of his motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. The appellate court reviewed the record and found no reversible error in the district court's acceptance of the magistrate judge's recommendation. The appellate court denied a certificate of appealability and dismissed the appeal based on the reasoning provided by the district court in its opinion.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 99-6674

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    JIMMY RAY SMITH, a/k/a Pac-Man,
    Defendant - Appellant.

    Appeal from the United States District Court for the Middle District of North Carolina, at Winston-Salem. James A. Beaty, Jr.,
    District Judge. (CR-97-107, CA-98-926-1)

    Submitted:

    August 19, 1999

    Decided:

    August 26, 1999

    Before WIDENER and KING, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

    Dismissed by unpublished per curiam opinion.


    Jimmy Ray Smith, Appellant Pro Se. Clifton Thomas Barrett, Assistant United States Attorney, Greensboro, North Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Jimmy Ray Smith seeks to appeal the district courts order denying his motion filed under 28 U.S.C.A. 2255 (West Supp. 1999).
    We have reviewed the record and the district courts opinion
    accepting the recommendation of the magistrate judge and find no
    reversible error.

    Accordingly, we deny a certificate of appeal-

    ability and dismiss the appeal on the reasoning of the district


    court.

    See United States v. Smith, Nos. CR-97-107; CA-98-926-1

    (M.D.N.C. Apr. 23, 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

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