Fourth Circuit Affirms Denial
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Unpublished Disposition
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unpublished dispositions is disfavored except for establishing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service of copies of cited unpublished dispositions of the Fourth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.
Russell Smith WYATT, Jr., Defendant-Appellant.
No. 90-6332.
United States Court of Appeals, Fourth Circuit.
Submitted Aug. 27, 1990.
Decided Sept. 27, 1990.
Appeal from the United States District Court for the Eastern District of
Virginia, at Norfolk. John A. MacKenzie, Senior District Judge. (CR No.
78-108-N)
Russell Smith Wyatt, Jr., appellant pro se.
Larry Shelton, Office of the United States Attorney, Norfolk, Va., for
appellee.
E.D.Va.
AFFIRMED.
Before SPROUSE and WILKINS, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
PER CURIAM:
Russell Smith Wyatt, Jr. appeals from the district court's order denying Wyatt's
request for reconsideration of 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 No. 78-108-N (E.D.Va. May 11, 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.
Wyatt's notice of appeal was timely as to the denial of the motion for
reconsideration but untimely as to the denial of the Rule 35 motion. See
Fed.R.App. 4(b)
