United States of America, Plaintiff-appellee, v. Jerry Harold Harvey, Sr., Defendant-appellant, 14 F.3d 597 (4th Cir. 1993)

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US Court of Appeals for the Fourth Circuit - 14 F.3d 597 (4th Cir. 1993) Submitted May 7, 1993. Decided Dec. 20, 1993

Appeal from the United States District Court for the Southern District of West Virginia, at Beckley.

Jerry Harold Harvey, Sr., appellant pro se.

John Patrick Rowley, III, Office of the U.S. Atty., for appellee.

S.D.W. Va.

AFFIRMED.

Before WILKINS and NIEMEYER, Circuit Judges, and BUTZNER, Senior Circuit Judge.

PER CURIAM:


OPINION

Jerry Harold Harvey, Sr., appeals from the district court's order refusing relief under 28 U.S.C. § 2255 (1988). Our review of the record and the district court's opinion accepting the recommendation of the magistrate judge discloses that this appeal is without merit. Accordingly, we affirm on the reasoning of the district court. United States v. Harvey, No. CR-89-136-5, No. CA-91-708-5 (S.D.W. Va. May 27, 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.

AFFIRMED.

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