United States v. Simms

Fourth Circuit Court of Appeals

Submitted June 10, 1987. Decided July 22, 1987.

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Fourth Circuit Court of Appeals · decided 1987-07-22

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

Relies on Neal v. Harris

Opinion by Per Curiam · Decided 1987-07-22

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Levester Arron Simms, appellant pro se.

Justin W. Williams, Assistant U. S. Attorney, for appellee.

Before WIDENER, MURNAGHAN and SPROUSE, Circuit Judges.

PER CURIAM:

¶1

A review of the record and the district court's opinion discloses that this appeal from its order refusing relief under 28 U.S.C. Sec. 2255 is without merit. Because the dispositive issues recently have been decided authoritatively, we dispense with oral argument and affirm the judgment below on the reasoning of the district court. United States v. Simms, CR No. 83-00226-A; C/A No. 87-0180-AM (E.D. Va., Feb. 24, 1987).

¶2

AFFIRMED.