Filed: Oct. 24, 1997
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 97-6657 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus CLAUDE ERIC OLIVER, Defendant - Appellant. Appeal from the United States District Court for the Western Dis- trict of North Carolina, at Asheville. Lacy H. Thornburg, District Judge. (CR-94-103, CA-97-80-1) Submitted: October 7, 1997 Decided: October 24, 1997 Before NIEMEYER and WILLIAMS, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Dismissed by unpublished
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 97-6657 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus CLAUDE ERIC OLIVER, Defendant - Appellant. Appeal from the United States District Court for the Western Dis- trict of North Carolina, at Asheville. Lacy H. Thornburg, District Judge. (CR-94-103, CA-97-80-1) Submitted: October 7, 1997 Decided: October 24, 1997 Before NIEMEYER and WILLIAMS, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Dismissed by unpublished p..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 97-6657
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
CLAUDE ERIC OLIVER,
Defendant - Appellant.
Appeal from the United States District Court for the Western Dis-
trict of North Carolina, at Asheville. Lacy H. Thornburg, District
Judge. (CR-94-103, CA-97-80-1)
Submitted: October 7, 1997 Decided: October 24, 1997
Before NIEMEYER and WILLIAMS, Circuit Judges, and PHILLIPS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Howard Jay Manchel, Atlanta, Georgia, for Appellant. Deborah Ann
Ausburn, Assistant United States Attorney, Asheville, North Caro-
lina, 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Unpublished opinions are not binding precedent in this circuit.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.A. ยง 2255 (West 1994 & Supp. 1997).
We have reviewed the record and the district court's opinion and
find no reversible error. Appellant has failed to show that, but
for counsel's alleged error, he would not have pleaded guilty. See
Hill v. Lockhart,
474 U.S. 52, 59 (1985). Accordingly, we deny a
certificate of appealability and dismiss the appeal. We dispense
with oral argument because the facts and legal contentions are ade-
quately presented in the materials before the court and argument
would not aid the decisional process.
DISMISSED
2