Filed: Oct. 22, 1998
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 97-7865 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus MERRITT AVERY JOHNSON, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior District Judge. (CR-92-508-A, CA-96-1300-AM) Submitted: August 18, 1998 Decided: October 22, 1998 Before MURNAGHAN, HAMILTON, and MICHAEL, Circuit Judges. Dismissed by unpublished per curiam opi
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 97-7865 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus MERRITT AVERY JOHNSON, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior District Judge. (CR-92-508-A, CA-96-1300-AM) Submitted: August 18, 1998 Decided: October 22, 1998 Before MURNAGHAN, HAMILTON, and MICHAEL, Circuit Judges. Dismissed by unpublished per curiam opin..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 97-7865
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
MERRITT AVERY JOHNSON,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior
District Judge. (CR-92-508-A, CA-96-1300-AM)
Submitted: August 18, 1998 Decided: October 22, 1998
Before MURNAGHAN, HAMILTON, and MICHAEL, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Merritt Avery Johnson, Appellant Pro Se. Marcus John Davis, Assis-
tant United States Attorney, Alexandria, Virginia; Andrew Gerald
McBride, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Merritt Avery Johnson seeks to appeal the district court’s
order denying his motion filed under 28 U.S.C.A. § 2255 (West 1994
& Supp. 1998). We have reviewed the record and the district court’s
opinion and find no reversible error. The evidence was sufficient
to find that Johnson “carried” a firearm under 18 U.S.C.A.
§ 924(c)(1) (West 1994 & Supp. 1998). See Muscarello v. United
States,
1998 WL 292058 (U.S. June 8, 1998) (Nos. 96-1654, 96-8837);
United States v. Mitchell,
104 F.3d 649, 652 (4th Cir. 1997).
Accordingly, we deny a certificate of appealability and dismiss the
appeal on the reasoning of the district court. United States v.
Johnson, Nos. CR-92-508-A; CA-96-1300-AM (E.D. Va. Nov. 15, 1996).
Johnson’s motion to file a pro se supplemental brief is denied. We
dispense with oral argument because the facts and legal contentions
are adequately set forth in the materials before the court and
argument would not aid the decisional process.
DISMISSED
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