United States of America, Plaintiff Appellee, v. David Allen Hagen Defusco, Defendant Appellant, 30 F.3d 131 (4th Cir. 1994)

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US Court of Appeals for the Fourth Circuit - 30 F.3d 131 (4th Cir. 1994) Submitted July 19, 1994. Decided August 1, 1994

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, District Judge. (CR-89-349, CA-93-462)

David Allen Hagen DeFusco, appellant Pro Se.

Robert Clifford Chesnut, Asst. U.S. Atty., Alexandria, VA, for appellee.

E.D. Va.


Before HAMILTON and WILLIAMS, Circuit Judges, and SPROUSE, Senior Circuit Judge.


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 discloses that this appeal is without merit. Accordingly, we affirm on the reasoning of the district court. United States v. DeFusco, Nos. CR-89-349; CA-93-462 (E.D. Va. Dec. 27, 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.



Appellant's motion to expedite is now moot and is, therefore, dismissed. We deny Appellant's motion for appointment of counsel. See Whisenant v. Yuam, 739 F.2d 160, 163 (4th Cir. 1984) ("The power to appoint [counsel] is a discretionary one....")