United States of America, Plaintiff-appellee, v. William John Houser, Jr., Defendant-appellant, 825 F.2d 408 (4th Cir. 1987)

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U.S. Court of Appeals for the Fourth Circuit - 825 F.2d 408 (4th Cir. 1987) Submitted June 18, 1987. Decided July 27, 1987

William John Houser, Jr., appellant pro se.

Constance Harriet Frogale, Office of the U. S. Attorney, for appellee.

Before PHILLIPS, MURNAGHAN and ERVIN, Circuit Judges.


William John Houser, Jr., appeals from a conviction for disobeying an official highway sign in contravention of 36 C.F.R. Sec. 50.34. Houser admits that he was driving faster than the posted speed limit but argues that the speed limit sign was not an 'official traffic sign' within the purview of Sec. 50.34 because of alleged inadequacies in the posting of the sign. The district court affirmed the magistrate's finding that the speed limit sign was properly posted. We affirm.

Even assuming the speed limit sign was not posted at the height recommended by the Department of Transportation in its Manual on Uniform Traffic Control Devices, Houser fails to state a cognizable challenge to his conviction. By its plain terms, the Manual prescribes 'standards for traffic control devices installation, but not . . . legal requirement [s] for installation.'

We dispense with oral argument because this appeal is frivolous.