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    Ricardo Bernard Smith appealed the district court's denial of his motion filed under 28 U.S.C.A. § 2255. The Fourth Circuit Court of Appeals reviewed the record and district court opinion and found no reversible error. The appeals court denied a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning that Smith did not present grounds for overturning his conviction.

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    Filed: 2002-03-04 Precedential Status: Non-Precedential Docket: 01-7666

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    Ricardo Bernard Smith appealed the district court's denial of his motion filed under 28 U.S.C.A. § 2255. The Fourth Circuit Court of Appeals reviewed the record and district court opinion and found no reversible error. The appeals court denied a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning that Smith did not present grounds for overturning his conviction.

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    6 views2 pages

    United States v. Smith, 4th Cir. (2002)

    Uploaded by

    Scribd Government Docs
    Ricardo Bernard Smith appealed the district court's denial of his motion filed under 28 U.S.C.A. § 2255. The Fourth Circuit Court of Appeals reviewed the record and district court opinion and found no reversible error. The appeals court denied a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning that Smith did not present grounds for overturning his conviction.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 01-7666

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    RICARDO BERNARD SMITH,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria. James C. Cacheris, Senior
    District Judge. (CR-89-372, CA-01-991-AM)

    Submitted:

    February 21, 2002

    Decided:

    March 4, 2002

    Before WILKINS, MOTZ, and TRAXLER, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    Ricardo Bernard Smith, Appellant Pro Se. Kevin Victor DiGregory,
    Assistant United States Attorney, Alexandria, Virginia, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Ricardo Bernard Smith seeks to appeal the district courts
    order denying his motion filed under 28 U.S.C.A. 2255 (West Supp.
    2001).

    We have reviewed the record and the district courts 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. Smith, Nos. CR-89-372;

    CA-01-991-AM (E.D. Va. Aug. 27, 2001).

    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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