US v. Shaffer, (4th Cir. 1997)

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UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-6117 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus

DWIGHT SHAFFER, Defendant - Appellant. Appeal from the United States District Court for the Southern Dis-

trict of West Virginia, at Charleston. Charles H. Haden II, Chief

District Judge. (CR-92-299-2, CA-96-599-2)

Submitted: October 7, 1997 Decided: November 7, 1997

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

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Dwight Shaffer, Ap pellant Pro Se. Michael Lee Keller, Victoria Boros Major, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West

Virginia, 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Unpublished opinions are not binding precedent in this circuit.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 accepting the recommendation of the magistrate judge and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court.

United States v. Shaffer , Nos. CR-92-299-2; CA-96-599-2 (S.D.W. Va. Oct. 30, 1996).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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