946 F2d 887 United States v. R Arney

946 F.2d 887

UNITED STATES of America, Plaintiff-Appellee,
v.
William R. ARNEY, Defendant-Appellant.

No. 91-7131.

United States Court of Appeals, Fourth Circuit.

Submitted Sept. 30, 1991.
Decided Oct. 23, 1991.

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.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 Norfolk. J. Calvitt Clarke, Jr., Senior District Judge. (CR-90-116-N; CA-91-340-N)

William R. Arney, appellant pro se.

Alan Mark Salsbury, Office of the United States Attorney, Norfolk, Va., for appellee.

E.D.Va.

AFFIRMED.

Before K.K. HALL and PHILLIPS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

OPINION

PER CURIAM:

1

William R. Arney appeals from the district court's order which construed his 28 U.S.C. § 2241 petition as a petition under 28 U.S.C. § 2255 and dismissed the petition. 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. Arney, CR-90-116-N; CA-91-340-N (E.D.Va. June 6, 1991). 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.