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United States v. Clark, 96-6833 (1997)

Court: Court of Appeals for the Fourth Circuit Number: 96-6833 Visitors: 32
Filed: Feb. 26, 1997
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 96-6833 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus MICHAEL SPENCER CLARK, a/k/a Mike Spenser, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Florence. William B. Traxler, Jr., District Judge. (CR-92-431, CA-94-133-4-21BD) Submitted: February 13, 1997 Decided: February 26, 1997 Before WIDENER and HAMILTON, Circuit Judges, and BUTZNER, Senior Circuit Judge.
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 96-6833 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus MICHAEL SPENCER CLARK, a/k/a Mike Spenser, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Florence. William B. Traxler, Jr., District Judge. (CR-92-431, CA-94-133-4-21BD) Submitted: February 13, 1997 Decided: February 26, 1997 Before WIDENER and HAMILTON, Circuit Judges, and BUTZNER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Michael Spencer Clark, Appellant Pro Se. William Earl Day II, Assistant United States Attorney, Florence, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Appellant seeks to appeal the district court's order denying his motion filed under 28 U.S.C. ยง 2255 (1994), amended by Antiter- rorism and Effective Death Penalty Act of 1996, Pub. L. No. 104- 132, 110 Stat. 1214. We have reviewed the record and the district court's opinion accepting the recommendation of the magistrate judge and find no reversible error. Accordingly, we deny a certifi- cate of appealability and dismiss the appeal on the reasoning of the district court. United States v. Clark, Nos. CR-92-431; CA-94- 133-4-21BD (D.S.C. Apr. 30, 1996). In light of our disposition, we also deny Appellant's motion to correct, vacate and set aside an illegal sentence. 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
Source:  CourtListener

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