United States of America, Plaintiff-appellee, v. Leon Lexington Harris, A/k/a Marion Anthony Williams,defendant-appellant, 7 F.3d 227 (4th Cir. 1993)

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US Court of Appeals for the Fourth Circuit - 7 F.3d 227 (4th Cir. 1993) Submitted: August 20, 1993. Decided: September 20, 1993

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Robert D. Potter, District Judge. (CR-90-7, CA-93-29)

Leon Lexington Harris, Appellant Pro Se.

Harry Thomas Church, Assistant United States Attorney, Charlotte, North Carolina, for Appellee.



Before WILKINS and LUTTIG, Circuit Judges, and BUTZNER, Senior Circuit Judge.



Leon Lexington Harris appeals from the district court's order refusing relief under 28 U.S.C. § 2255 (1988). 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. Harris, No. CR-90-7; No. CA-93-29 (W.D.N.C. Apr. 29, 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.



We note that Harris's reliance on United States v. Brooks, 957 F.2d 1138 (4th Cir.), cert. denied, 60 U.S.L.W. 3879 (U.S. 1992) is illfounded. New law is not applied retroactively on habeas review. Teague v. Lane, 489 U.S. 288, 301 (1988)