986 F2d 1416 United States of America v. Flowers

986 F.2d 1416

UNITED STATES OF AMERICA, Plaintiff-Appellee,
v.
Ervin Herman FLOWERS, Defendant-Appellant.

No. 92-7000.

United States Court of Appeals,
Fourth Circuit.

Submitted: November 30, 1992
Decided: February 22, 1993

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.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 Western District of North Carolina, at Charlotte. Robert D. Potter, District Judge. (CR-89-97-C-P, CA-92-178-3)

Ervin Herman Flowers, Appellant Pro Se. Thomas J. Ashcraft, United States Attorney, Charlotte, North Carolina, for Appellee.

W.D.N.C.

AFFIRMED.

Before WILKINS and WILLIAMS, Circuit Judges, and SPROUSE, Senior Circuit Judge.

PER CURIAM:


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1

Ervin Herman Flowers appeals from the district court's order refusing relief under 28 U.S.C. § 2255 (1988). Our review of the record and the district court's opinion accepting the recommendation of the magistrate judge discloses that this appeal is without merit. Accordingly, we affirm on the reasoning of the district court. United States v. Flowers, Nos. CR-89-97-C-P, CA-92-178-3 (W.D.N.C. Sept. 9, 1992). 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