Notice: Fourth Circuit Local Rule 36(c) States That Citation of Unpublished Dispositions is Disfavored Except for Establishing Res Judicata, Estoppel, or the Law of the Case and Requires Service of Copies of Cited Unpublished Dispositions of the Fourth Circuit.united States of America, Plaintiff-appellee, v. Maurice v. Smith, Defendant-appellant, 91 F.3d 136 (4th Cir. 1996)Annotate this Case
Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, District Judge. (CR-93-51, CA-95-47-4-H)
Maurice V. Smith, Appellant Pro Se. Charles Edwin Hamilton, III, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, NC, for Appellee.
Before WIDENER, NIEMEYER, and MICHAEL, Circuit Judges.
Appellant appeals from the district court's order denying his Fed. R. Civ. P. 60(b) motion for reconsideration of the court order denying relief under 28 U.S.C. § 2255 (1988), as amended by Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, 110 Stat. 1217. We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. United States v. Smith, Nos. CR-93-51; CA-95-47-4-H (E.D.N.C. Feb. 6, 1996). We also deny his motion for the preparation of a transcript at Government's expense and 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.