United States of America v. Murray, 806 F.2d 1232, 1234-35 4th Cir. 1986 . 2 PER CURIAM: Patrick Wilson Smith…

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-7043
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
PATRICK WILSON SMITH,
Defendant - Appellant.
Appeal from the United States District Court for the Western Dis-
trict of North Carolina, at Charlotte. Richard L. Voorhees, Dis-
trict Judge. (CR-96-158, CA-99-520-3-2)
Submitted: September 21, 2000 Decided: September 29, 2000
Before WILKINS, NIEMEYER, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Aaron Edmund Michel, Charlotte, North Carolina, for Appellant.
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Unpublished opinions are not binding precedent in this circuit.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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* Although the district court’s order is marked as “filed” on
May 24, 2000, the district court’s records show that it was entered
on the docket sheet on May 30, 2000. Pursuant to Rules 58 and
79(a) of the Federal Rules of Civil Procedure, it is the date that
the order was entered on the docket sheet that we take as the
effective date of the district court’s decision. See Wilson v.
Murray, 806 F.2d 1232, 1234-35 (4th Cir. 1986).
2
PER CURIAM:
Patrick Wilson Smith seeks to appeal the district court’s
order denying his motion filed under 28 U.S.C.A. § 2255 (West Supp.
2000). We have reviewed the record and the district court’s opin-
ion and find no reversible error. Accordingly, we deny a certifi-
cate of appealability and dismiss the appeal on the reasoning of
the district court. See United States v. Smith, Nos. CR-96-158;
CA-99-520-3-2 (W.D.N.C. May 30, 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.
DISMISSED

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