US v. Smith

Filing 920060830


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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-6603 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus MICHAEL J. SMITH, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Jerome B. Friedman, District Judge. (4:01-cr-00067-JBF-AL) Submitted: August 24, 2006 Decided: August 30, 2006 Before KING, SHEDD, and DUNCAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Michael J. Smith, Appellant Pro Se. Lisa Rae McKeel, OFFICE OF THE UNITED STATES ATTORNEY, Newport News, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Michael J. Smith appeals the district court's order denying his motion to compel a Fed. R. Crim. P. 35(b) motion. have reviewed the record and find no reversible We error. Accordingly, we affirm for the reasons stated by the district court. See United States v. Smith, No. 4:01-cr-00067-JBF-AL (E.D. We dispense with oral argument because the are and adequately argument presented not in aid the the Va. Mar. 7, 2006). facts and legal before contentions the court materials would decisional process. AFFIRMED - 2 -

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