974 F2d 1333 United States America v. Sacarello

974 F.2d 1333

UNITED STATES of AMERICA, Plaintiff-Appellee,
v.
Albert George SACARELLO, Defendant-Appellant.

No. 91-7590.

United States Court of Appeals,
Fourth Circuit.

Submitted: April 28, 1992
Decided: September 1, 1992

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.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 Middle District of North Carolina, at Greensboro. Frank W. Bullock, Jr., District Judge. (CR-90-85-G, CA-90-519)

Albert George Sacarello, Appellant Pro Se.

Harry L. Hobgood, Assistant United States Attorney, Greensboro, North Carolina, for Appellee.

M.D.N.C.

Affirmed.

Before MURNAGHAN and WILKINSON, Circuit Judges, and BUTZNER, Senior Circuit Judge.

OPINION

PER CURIAM:

1

Albert George Sacarello 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, although we grant leave to proceed in forma pauperis, we affirm on the reasoning of the district court. United States v. Sacarello, Nos. CR-90-85-G, CA-90-519 (M.D.N.C. May 10, 1991). 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