United States v. Simms

Fourth Circuit Court of Appeals

Submitted: Aug. 31, 1989. Decided: Oct. 5, 1989.

Fourth Circuit Court of Appeals · decided 1989-10-05

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

Relies on In Re Robert Walker

Opinion by Per Curiam · Decided 1989-10-05

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.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

Kenneth E. Melson (Office of the United States Attorney), for appellee.

Before WIDENER, MURNAGHAN and SPROUSE, Circuit Judges.

PER CURIAM:

¶1

Levester Arron Simms 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. United States v. Simms, CR No. 83-226-A; C/A No. 89-308-AM (E.D.Va., June 21, 1989). 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.