United States of America v. Robert Leroy Nance

CORRECTED OPINION
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-6604
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ROBERT LEROY NANCE,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Huntington. Charles H. Haden II,
Chief District Judge. (CR-89-101, CA-97-404-3)
Submitted: October 21, 1999 Decided: October 27, 1999
Corrected Opinion Filed: January 19, 2000
Before WIDENER and TRAXLER, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Robert Leroy Nance, Appellant Pro Se. Michael Lee Keller, OFFICE
OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for
Appellee.
CORRECTION: FOOTNOTE ADDED

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* We previously dismissed this appeal, stating that the dis-
trict court had adopted the recommendation of the magistrate judge.
This was an incorrect statement which we acknowledge with this
opinion. The result, however, remains the same, and we vacate our
earlier decision which was filed October 27, 1999 and reinstate the
same as written above.
2
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Robert Leroy Nance seeks to appeal the district court’s order
denying his motion filed under 28 U.S.C.A. § 2255 (West Supp.
1999). We have reviewed the record and the district court’s
opinion and find no reversible error. Accordingly, we deny a cer-
tificate of appealability and dismiss the appeal on the reasoning
of the district court. See United States v. Nance, Nos. CR-89-101;
CA-97-404-3 (S.D.W. Va. Mar. 25, 1999).* 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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