James Henry Miller, Petitioner-appellant, v. United States of America, Respondent-appellee

United States Court of Appeals, Fourth Circuit. - 840 F.2d 11Unpublished Disposition

Submitted: Oct. 26, 1987.Decided: Feb. 11, 1988

James Henry Miller, appellant pro se.

Douglas Cannon, Assistant United States Attorney, for appellee.

Before WIDENER, K.K. HALL, and JAMES DICKSON PHILLIPS, Circuit Judges.

PER CURIAM:

1

A review of the record and the district court's opinion discloses that this appeal from its order refusing relief under 28 U.S.C. Sec. 2255 is without merit. Because the dispositive issues recently have been decided authoritatively, we deny Miller's motion to subpoena tape recordings, dispense with oral argument and affirm the judgment below on the reasoning of the district court. Miller v. United States, C/A No. 86-619-D; Cr. No. 84-87-D (M.D.N.C. Apr. 20, 1987).

2

AFFIRMED.