United States of America, Plaintiff-appellee, v. Anthony Beard, Defendant-appellant, 947 F.2d 942 (4th Cir. 1991)

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US Court of Appeals for the Fourth Circuit - 947 F.2d 942 (4th Cir. 1991) Submitted Oct. 28, 1991. Decided Nov. 12, 1991

Appeal from the United States District Court for the District of Maryland, at Baltimore. J. Frederick Motz, District Judge. (CR-89-68-JFM)

Anthony Beard, appellant pro se.

Lisa M. Griffin, Office of the United States Attorney, Baltimore, Md., for appellee.

D. Md.

AFFIRMED.

Before ERVIN, Chief Judge, SPROUSE, Circuit Judge, and CHAPMAN, Senior Circuit Judge.

OPINION

PER CURIAM:


Anthony Beard was sentenced on August 24, 1989, to 188 months in prison for conspiracy to possess with intent to distribute pcp(y), in violation of 21 U.S.C. § 846 (1988). The conviction was affirmed on appeal. United States v. Beard, No. 89-5664 (4th Cir. Mar. 11, 1991) (unpublished). Beard now appeals the district court's denial of his Complaint for Declaratory and Injunctive Relief, through which Beard sought relief from his conviction. The district court found the motion frivolous. We construe the motion as made pursuant to 28 U.S.C. § 2255 (1988), and affirm the district court's dismissal. As our review of the materials before us reveals that it would not significantly aid the decisional process, we dispense with oral argument.

AFFIRMED.

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