Filed: Mar. 01, 2000
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-7267 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus KEITH LAMAR GIBSON, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Florence. C. Weston Houck, Chief District Judge. (CR-94-614, CA-97-239-4-12) Submitted: February 24, 2000 Decided: March 1, 2000 Before MOTZ and KING, Circuit Judges, and BUTZNER, Senior Circuit Judge. Dismissed by unpublished per curiam op
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-7267 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus KEITH LAMAR GIBSON, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Florence. C. Weston Houck, Chief District Judge. (CR-94-614, CA-97-239-4-12) Submitted: February 24, 2000 Decided: March 1, 2000 Before MOTZ and KING, Circuit Judges, and BUTZNER, Senior Circuit Judge. Dismissed by unpublished per curiam opi..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-7267
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
KEITH LAMAR GIBSON,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Florence. C. Weston Houck, Chief District Judge.
(CR-94-614, CA-97-239-4-12)
Submitted: February 24, 2000 Decided: March 1, 2000
Before MOTZ and KING, Circuit Judges, and BUTZNER, Senior Circuit
Judge.
Dismissed by unpublished per curiam opinion.
William Elvin Hopkins, Jr., MCCUTCHEN, BLANTON, RHODES & JOHNSON,
Columbia, South Carolina; Debra Yvonne Chapman, Columbia, South
Carolina, for Appellant. Marshall Prince, OFFICE OF THE UNITED
STATES ATTORNEY, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Keith Lamar Gibson seeks to appeal the district court's order
denying his motion filed under 28 U.S.C.A. ยง 2255 (West Supp.
1999). We have reviewed the record and the district court's opin-
ion and find no reversible error. Accordingly, we deny a certifi-
cate of appealability and dismiss the appeal substantially on the
reasoning of the district court. See United States v. Gibson, Nos.
CR-94-614; CA-97-239-4-12 (D.S.C. Aug. 31, 1999). With regard to
Gibson's claim that the district court failed to advise him of his
right to appeal, we find that he was not entitled to relief because
the district court informed him of his right to appeal his sentence
during the plea colloquy. See Peguero v. United States,
526 U.S.
23, 24 (1999) (holding that "a district court's failure to advise
the defendant of his right to appeal does not entitle him to habeas
relief if he knew of his right and hence suffered no prejudice from
the omission"). 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.
DISMISSED
2