US v. DiFazio, (4th Cir. 1999)

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UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-7149 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus

RAMONA MARIA DIFAZIO, Defendant - Appellant. Appeal from the United States District Court for the Eastern Dis-

trict of Virginia, at Newport News. Raymond A. Jackson, District

Judge. (CR-94-2)

Submitted: November 4, 1999 Decided: November 10, 1999

Before NIEMEYER, MICHAEL, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Ramona Maria DiFazio, Appellant Pro Se. Kevin Michael Comstock,

OFFICE OF THE UNITED STATES ATTORNEY, Norfolk, Virginia; Stephen

Wiley Miller, OFFICE OF THE UNITED STATES ATTORNEY, Richmond,

Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

* Although the district court’s order is marked as “filed” on August 13, 1999, the district court’s records show that it was

entered on the docket sheet on August 16, 1999. Pursuant to Rules

and 79(a) of the Federal Rules of Civil Procedure, it is the

date that the order was entered on the docket sheet that we take as

the effective date of the district court’s decision. See

Wilson v. Murray

, 806 F.2d 1232, 1234-35 (4th Cir. 1986). 2 PER CURIAM:

Ramona Maria DiFazio seeks to appeal the district court’s

order denying her motion filed under 28 U.S.C.A. § 2255 (West Supp.

9). We have reviewed the record and the district court’s 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. DiFazio

, No. CR-94-2 (E.D. Va. Aug. 16, 1999). * We dispense with oral argument because the facts and legal contentions are adequately presented in the ma-

terials before the court and argument would not aid the decisional

process. DISMISSED

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