US v. David McClinton, No. 10-7287 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-7287 UNITED STATES OF AMERICA, Plaintiff Appellee, v. DAVID CHARLES MCCLINTON, Defendant Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, District Judge. (3:89-cr-00098-FDW-1) Submitted: January 28, 2011 Decided: February 23, 2011 Before NIEMEYER, GREGORY, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. David Charles McClinton, Appellant Pro Se. Anne Magee Tompkins, United States Attorney, Charlotte, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: David Charles McClinton appeals the district court s order construing McClinton s petition for a writ of error coram nobis as a 28 U.S.C.A. § 2255 (West Supp. denying it as successive and unauthorized. record and find no reversible error. 2010) motion We have reviewed the Accordingly, we affirm for the reasons stated by the district court. United States v. McClinton, No. 3:89-cr-00098-FDW-1 (W.D.N.C. Aug. 27, 2010). dispense with oral argument and because the facts and We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 2

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