United States of America v. Frank Davis

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7001
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
FRANK DAVIS,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. James C. Cacheris, Senior
District Judge. (CR-97-306)
Submitted: December 20, 2001 Decided: December 28, 2001
Before LUTTIG, TRAXLER, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Frank Davis, Appellant Pro Se. Thomas More Hollenhorst, Assistant
United States Attorney, Alexandria, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Frank Davis filed a document he described as a petition for
new trial and to compel specific performance. The district court
appropriately construed this as a motion to vacate under 28
U.S.C.A. § 2255 (West Supp. 2001). We have reviewed the record and
the district court’s opinion and find no reversible error. Accord-
ingly, we deny a certificate of appealability and dismiss the
appeal on the reasoning of the district court. United States v.
Davis, No. CR-97-306 (E.D. Va. filed Mar. 30, 2001 & entered
Apr. 5, 2001). 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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