70 F3d 1263 United States v. Garcia

70 F.3d 1263

UNITED STATES of America, Plaintiff-Appellee,
v.
Daniel GARCIA, Defendant-Appellant.

No. 94-6944.

United States Court of Appeals, Fourth Circuit.

Submitted Nov. 16, 1995.
Decided Nov. 27, 1995.

NOTICE: Fourth Circuit Local Rule 36(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.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 Eastern District of North Carolina, at Wilmington. Terrence W. Boyle, District Judge. (CR-86-55)

Daniel Garcia, Appellant Pro Se. Barbara Dickerson Kocher, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

E.D.N.C.

AFFIRMED.

Before MICHAEL and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit Judge.

PER CURIAM:

1

Appellant appeals from the district court's order dismissing, for lack of jurisdiction, his motion for return of property pursuant to Fed.R.Crim.P. 41(e). 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. Garcia, No. CR-86-55 (E.D.N.C. July 27, 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