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  • Smyre v. United States, 4th Cir. (1997)

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    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. The court denied Roger Lewis Smyre's appeal of a district court's denial of his motion under 28 U.S.C.A. § 2255 to vacate, set aside or correct his sentence. The appeals court reviewed the record and found no reversible error in the district court's decision. As a result, the appeals court denied Smyre a certificate of appealability and dismissed his appeal, agreeing with the district court's reasoning. The appeals court dispensed with oral arguments, finding the facts and legal issues were adequately presented in the case materials.

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    Filed: 1997-12-30 Precedential Status: Non-Precedential Docket: 97-7104

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    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. The court denied Roger Lewis Smyre's appeal of a district court's denial of his motion under 28 U.S.C.A. § 2255 to vacate, set aside or correct his sentence. The appeals court reviewed the record and found no reversible error in the district court's decision. As a result, the appeals court denied Smyre a certificate of appealability and dismissed his appeal, agreeing with the district court's reasoning. The appeals court dispensed with oral arguments, finding the facts and legal issues were adequately presented in the case materials.

    Copyright:

    Public Domain
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    5 views2 pages

    Smyre v. United States, 4th Cir. (1997)

    Uploaded by

    Scribd Government Docs
    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. The court denied Roger Lewis Smyre's appeal of a district court's denial of his motion under 28 U.S.C.A. § 2255 to vacate, set aside or correct his sentence. The appeals court reviewed the record and found no reversible error in the district court's decision. As a result, the appeals court denied Smyre a certificate of appealability and dismissed his appeal, agreeing with the district court's reasoning. The appeals court dispensed with oral arguments, finding the facts and legal issues were adequately presented in the case materials.

    Copyright:

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 97-7104

    ROGER LEWIS SMYRE,


    Plaintiff - Appellant,
    versus
    UNITED STATES OF AMERICA,
    Defendant - Appellee.

    Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Graham C. Mullen, District Judge. (CR-93-36-MU, CA-96-163-5-MU)
    Submitted:

    December 11, 1997

    Decided:

    December 30, 1997

    Before HALL and WILLIAMS, Circuit Judges, and PHILLIPS, Senior


    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Roger Lewis Smyre, Appellant Pro Se. Harry Thomas Church, Assistant
    United States Attorney, Charlotte, North Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).

    PER CURIAM:
    Appellant seeks to appeal the district court's order denying
    his motion filed under 28 U.S.C.A. 2255 (West 1994 & Supp. 1997).
    We have reviewed the record and the district court's opinion and
    find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district
    court. Smyre v. United States, Nos. CR-93-36-MU; CA-96-163-5-MU
    (W.D.N.C. July 9, 1997). 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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