United States of America, Plaintiff-appellee, v. Joseph Edward Lee Sullivan, Defendant-appellant, 803 F.2d 1181 (4th Cir. 1986)

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US Court of Appeals for the Fourth Circuit - 803 F.2d 1181 (4th Cir. 1986) Submitted Aug. 29, 1986. Decided Oct. 22, 1986

Joseph E.L. Sullivan, petitioner pro se.

Justin W. Williams, Office of the U.S. Attorney, for appellee.

E.D. Va.

AFFIRMED.

Before RUSSELL and CHAPMAN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

PER CURIAM:


A review of the record and the district court's opinion discloses that this appeal from its order refusing relief under 28 U.S.C. § 2255 is without merit. Because the dispositive issues recently have been decided authoritatively, we dispense with oral argument and affirm the judgment below on the reasoning of the district court. United States v. Sullivan, CR No. 76-233-A; C/A No. 86-469-AM (E.D. Va., Apr. 29, 1986).* 

AFFIRMED.

 *

Although Plaster v. United States, 720 F.2d 340 (4th Cir. 1983), does not address the issue for which it is cited, the district court did not err by treating Sullivan's petition as an application for relief under 28 U.S.C. § 2255. See Miller v. United States, 564 F.2d 103, 105 (1st Cir. 1977)

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