Appeal Denial of 28 U.S.C. Sec. 2255 Motion
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Scribd Government DocsAppeal Denial of 28 U.S.C. Sec. 2255 Motion
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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unpublished dispositions is disfavored except for establishing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service of copies of cited unpublished dispositions of the Fourth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.
UNITED STATES of America, Plaintiff-Appellee,
v.
Eliseo ENCARNCACION, Defendant-Appellant.
No. 94-7215.
United States Court of Appeals, Fourth Circuit.
Submitted: January 19, 1995
Decided: February 17, 1995
Eliseo Encarnacion, Appellant Pro Se.
Harry Thomas Church, Assistant United States Attorney, Charlotte, NC,
for Appellee.
Before WILKINS and MICHAEL, Circuit Judges, and SPROUSE, Senior
Circuit Judge.
PER CURIAM:
Appellant appeals from the district court's order denying his 28 U.S.C. Sec.
2255 (1988) motion. 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. Encarnacion, Nos. CR-92-96-MU; CA-94-167-3-MU
(W.D.N.C. Sept. 20, 1994). 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
We deny Encarnacion's motion to remand to the district court, but note that he
may file a motion for relief in the district court pursuant to Federal Rule of
Civil Procedure 60(b)
