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862 F.2d 870

Docket No. 88-6766.

United States v. Avery

Fourth Circuit Court of Appeals

Submitted: Oct. 24, 1988. Decided: Nov. 17, 1988.

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Fourth Circuit Court of Appeals · decided 1988-11-17

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

Relies on Johnson v. Reynolds

Opinion by Per Curiam · Decided 1988-11-17

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Leroy Avery, appellant pro se.

Beth Perovich Gesner (Office of the United States Attorney), for appellee.

Before CHAPMAN and WILKINS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

PER CURIAM:

¶1

Leroy Avery appeals from the district court's order refusing relief under 28 U.S.C. Sec. 2255. 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. U.S. v. Avery, C/R No. 81-158-Y; C/A No. 88-826-Y (D.Md. May 5, 1988). 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.

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