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935 F2d 1288 United States v. Donnelly

935 F.2d 1288
Unpublished Disposition

UNITED STATES of America, Plaintiff-Appellee,
v.
James Thomas DONNELLY, Defendant-Appellant.

No. 91-7026.

United States Court of Appeals, Fourth Circuit.

Submitted June 3, 1991.
Decided June 24, 1991.

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Chief District Judge. (CR-86-40-5)

James Thomas Donnelly, appellant pro se.

Linda Kaye Teal, Office of the United States Attorney, Raleigh, N.C., for appellee.

E.D.N.C.

AFFIRMED.

Before WIDENER, MURNAGHAN and NIEMEYER, Circuit Judges.

PER CURIAM:

1

James Thomas Donnelly appeals from the district court's order denying his Fed.R.Civ.P. 35(a) motion. Our review of the record and the district court's opinion discloses that this appeal is without merit. Accordingly, we affirm on the reasoning of the district court. United States v. Donnelly, CR-86-40-5 (E.D.N.C. Jan. 28, 1991). 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.

2

AFFIRMED.