United States of America, Plaintiff Appellee, v. Roger Lee Davis, Defendant Appellant, 42 F.3d 1386 (4th Cir. 1994)

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US Court of Appeals for the Fourth Circuit - 42 F.3d 1386 (4th Cir. 1994) Submitted Nov. 15, 1994Decided Nov. 29, 1994

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James H. Michael, Jr., District Judge. (CR-91-8, CA-93-463-R)

Roger Lee Davis, appellant Pro Se. Jean Barrett Hudson, Office of the U.S. Atty., Charlottesville, VA, for appellee.

E.D. Va.


Before HALL and MURNAGHAN, Circuit Judges, and CHAPMAN, 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 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. Davis, Nos. CR-91-8, CA-93-463-R (W.D. Va. June 16, 1994). 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. The motion for appointment of counsel is denied.