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918 F.2d 174

Docket No. 90-6895.

Smith v. Whalen

Fourth Circuit Court of Appeals

Submitted Oct. 29, 1990. Decided Nov. 19, 1990.

Fourth Circuit Court of Appeals · decided 1990-11-19

Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Witherspoon v. Doe

Opinion by Per Curiam · Decided 1990-11-19

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Richard L. Williams, District Judge. (CA-90-140-R)

Bernard Smith, appellant pro se.

Robert William Jaspen, Office of the United States Attorney, Richmond, Va., for appellee.

E.D.Va.

AFFIRMED.

Before WIDENER, PHILLIPS and WILKINSON, Circuit Judges.

PER CURIAM:

¶1

Bernard Smith appeals from the district court's order refusing habeas corpus relief pursuant to 28 U.S.C. Sec. 2241 and denying his motion for reconsideration. 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. Smith v. Whalen, CA-90-140-R (E.D.Va. Aug. 27, 1990). We also deny Smith's motion for appointment of counsel. 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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