United States of America, Plaintiff Appellee, v. Richard Austin Martin, Defendant Appellant, 28 F.3d 1211 (4th Cir. 1994)

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US Court of Appeals for the Fourth Circuit - 28 F.3d 1211 (4th Cir. 1994) Submitted March 20, 1994. Decided June 20, 1994

Appeal from the United States District Court for the Northern District of West Virginia, at Clarksburg. William M. Kidd, Senior District Judge. (CR-87-51-K, CA-90-34-E-K)

James R. Fox, Jory & Smith, Elkins, WV, for Appellant.

Elgine Heceta McArdle, Office of the United States Attorney, Wheeling, WV, for Appellee.

N.D.W. Va.

AFFIRMED.

Before WILKINSON and WILKINS, C.J., and SPROUSE, Sr. C.J.

PER CURIAM:


Appellant appeals from the district court's order denying his 28 U.S.C. § 2255 (1988) motion. 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. Martin, Nos. CR-87-51-K; CA-90-34-E-K (N.D.W. Va. June 22, 1993). 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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