United States of America v. Donnell Decol Gardner

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-6941
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DONNELL DECOL GARDNER,
Defendant - Appellant.
Appeal from the United States District Court for the Western Dis-
trict of North Carolina, at Shelby. Lacy H. Thornburg, District
Judge. (CR-95-3)
Submitted: February 22, 2001 Decided: February 27, 2001
Before WIDENER and WILLIAMS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Donnell Decol Gardner, Appellant Pro Se. Brian Lee Whisler, OFFICE
OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Donnell Decol Gardner appeals the district court’s order deny-
ing his motion for a new trial pursuant to Fed. R. Crim. P. 33. We
have reviewed the record and the district court’s opinion and find
no reversible error. Accordingly, we affirm on the reasoning of
the district court. United States v. Gardner, No. CR-95-3 (W.D.N.C.
filed May 31, 2000; entered June 1, 2000). 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.
AFFIRMED

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