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894 F.2d 403

Docket Nos. 88-6758, 89-7008.

United States v. Lee

Full caption · 2 consolidated cases

  • UNITED STATES of Americav.Linwood C. LEE, a/k/a Eugene Riley, a/k/a Eugene M. Riley, a/k/a Lyndon C. Swinney
  • UNITED STATES of Americav.Linwood C. LEE, a/k/a Eugene Riley, a/k/a Eugene M. Riley, a/k/a Lyndon C. Swinney

Fourth Circuit Court of Appeals

Submitted: Oct. 31, 1989. Decided: Jan. 16, 1990. Rehearing and Rehearing In Banc Denied June 1, 1990.

Fourth Circuit Court of Appeals · decided 1990-01-16

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

Relies on Zatsky v. United States · Jones v. Superintendent, Virginia State Farm · United States v. Craig Alan Lackey

Opinion by Per Curiam · Decided 1990-01-16

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Linwood C. Lee, appellant pro se.

Ethan L. Bauman, Assistant United States Attorney, for appellee.

Before DONALD RUSSELL, K.K. HALL and SPROUSE, Circuit Judges.

PER CURIAM:

¶1

Linwood C. Lee appeals from orders of the district court denying a transcript at government expense and denying relief under 28 U.S.C. Sec. 2255. We affirm.

¶2

Lee failed to demonstrate a particularized need for the transcripts relevant to criminal proceeding No. 86-184-Y which would justify waiving the copying costs. See Jones v. Superintendent, Virginia State Farm, 460 F.2d 150, 152-53 (4th Cir.1972), cert. denied, 410 U.S. 944 (1973). His Sec. 2255 motion, motion for reconsideration, and brief on appeal demonstrate that he was well able to articulate his claims without access to a transcript. We accordingly affirm the district court's denial of the transcript motion and likewise deny Lee's transcript motions filed on appeal.

¶3

As to the denial of Sec. 2255 relief, after consideration of the record, the district court's opinion, and Lee's arguments on appeal, we find his contentions without merit. The denial of relief is affirmed on the reasoning of the district court. United States v. Lee, Cr. No. 86-184-Y, C/A No. 88-437-Y (D.Md. May 11, 1988; Nov. 8, 1988).

¶4

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.

¶5

AFFIRMED.

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