United States of America, Plaintiff-appellee, v. Olutayo Olumuyiwa Agbelusi, Defendant-appellant, 861 F.2d 266 (4th Cir. 1988)

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US Court of Appeals for the Fourth Circuit - 861 F.2d 266 (4th Cir. 1988) Submitted: June 28, 1988. Decided: Oct. 21, 1988

Olutayo Olumuyiwa Agbelusi, appellant pro se.

Breckinridge L. Willcox (United States Attorney), for appellee.

Before WIDENER, CHAPMAN and WILKINSON, Circuit Judges.


Olutayo Agbelusi appeals from the district court's order refusing relief under 28 U.S.C. § 2255 and Rule 35, Federal Rules of Criminal Procedure. Our review of the record and the district court's opinion discloses that this appeal is without merit and we affirm the district court's orders.

Two of Agbelusi's claims are failure to obtain a warrant before recording telephone conversations, and lack of probable cause for his arrest. Having considered the merits of these two claims, we find that they do not entitle Agbelusi to relief. First, Agbelusi's fourth amendment rights were not violated when the government recorded certain telephone conversations he had with a confidential informant and a government agent. United States v. Dowdy, 479 F.2d 213 (4th Cir.), cert. denied, 414 U.S. 823 (1973). Second, having carefully reviewed the record, we reject Agbelusi's contention that there was no probable cause for his arrest.

We affirm the dismissal of the remainder of Ageblusi's claims on the reasoning of the district court. United States v. Agbelusi, CA-86-648-S; CA-86-2285-S; CA-86-2712-S; CR-84-156-M (D. Md. Feb. 27, 1987). We dispense with oral argument because the dispositive issues recently have been decided authoritatively.