927 F2d 598 United States v. Wyatt

927 F.2d 598
Unpublished Disposition

UNITED STATES of America, Plaintiff-Appellee,
v.
Russell Smith WYATT, Jr., Defendant-Appellant.

No. 91-7501.

United States Court of Appeals, Fourth Circuit.

Submitted Feb. 4, 1991.
Decided Feb. 27, 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NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.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. John A. MacKenzie, Senior District Judge. (CR-78-108-N)

Russell Smith Wyatt, Jr., appellant pro se.

Robert Joseph Seidel, Jr., Assistant United States Attorney, Norfolk, Va., for appellee.

E.D.Va.

AFFIRMED.

Before DONALD RUSSELL, SPROUSE and NIEMEYER, Circuit Judges.

PER CURIAM:


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1

Russell Smith Wyatt, Jr. appeals from the district court's order denying his Fed.R.Crim.P. 35 motion. 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. Wyatt, CR-78-108-N (E.D.Va. Dec. 4, 1990). 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.