United States of America, Plaintiff-appellee, v. James J. Liberto, A/k/a Jimmy Liberto, Defendant-appellant.united States of America, Plaintiff-appellee, v. James J. Liberto, A/k/a Jimmy Liberto, Defendant-appellant, 960 F.2d 147 (4th Cir. 1992)

In No. 91-7301, James J. Liberto noted his appeal during the pendency of a timely Fed. R. Civ. P. 59 motion. The notice of appeal has no effect, Fed. R. Civ. P. 4(a) (4), and we dismiss the appeal for want of jurisdiction.

In No. 92-6173, Liberto appeals from the district court's orders refusing relief under 28 U.S.C. § 2255 (1988).^*  Our review of the record and the district court's opinion discloses that this appeal is without merit. As a panel, we are bound by the ruling in United States v. Luskin, 926 F.2d 372, 379-80 (4th Cir.), cert. denied, 60 U.S.L.W. 3016 (U.S. 1991), and Liberto's appeal offers no basis for departing from Luskin. Accordingly, we affirm on the reasoning of the district court. United States v. Liberto, No. CR-87-478-JFM (D. Md. Sept. 4, 1991 and Jan. 23, 1992). 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.