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56 F.3d 62

Docket No. 95-6313.

United States v. Alphonso Eugene Alston

Fourth Circuit Court of Appeals

Submitted: April 20, 1995 Decided: May 30, 1995

Fourth Circuit Court of Appeals · decided 1995-05-30

Applies 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on United States v. Emanuel · United States v. Arnold

Opinion by Per Curiam · Decided 1995-05-30

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Melvin Lee Sharp, Appellant Pro Se. Paul Arthur Billups, Assistant United States Attorney, Huntington, WV, for Appellee.

Before WIDENER, WILKINSON, and WILKINS, Circuit Judges.

PER CURIAM:

¶1

Melvin Lee Sharp appeals from the district court's order denying his motion to correct his pre-sentence report. Sharp waived these claims by his failure to raise them either in his direct appeal or in his 28 U.S.C. Sec. 2255 (1988) proceeding. See United States v. Emanuel, 869 F.2d 795 (4th Cir.1989). Therefore, we affirm. 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.

AFFIRMED

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