UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-6125
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
PATRICK L. TOPPER,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. Henry M. Herlong, Jr., District
Judge. (CR-97-250, CA-99-4225-6)
Submitted: April 13, 2000 Decided: April 21, 2000
Before WIDENER and WILKINS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Patrick L. Topper, Appellant Pro Se. Harold Watson Gowdy, III,
OFFICE OF THE UNITED STATES ATTORNEY, Greenville, South Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Patrick L. Topper seeks to appeal the district court’s order
denying his motion to modify his sentence, which the district court
properly construed as one filed under 28 U.S.C.A. § 2255 (West
Supp. 1999). We have reviewed the record and the district court’s
opinion and find no reversible error. Accordingly, we deny a cer-
tificate of appealability and dismiss the appeal on the reasoning
of the district court.* See United States v. Topper, Nos. CR-97-
250; CA-99-4225-6 (D.S.C. Dec. 27, 1999). 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.
DISMISSED
*
We note that the district court’s order on page 2 is
incorrect as to the guideline range that would apply if Topper
qualified for a two-level decrease under U.S. Sentencing Guidelines
Manual § 2D1.1(b)(5), and it also mistakenly states that the court
departed downwardly under USSG § 5K1.1, rather than reduced the
sentence under Fed. R. Crim. P. 35(b). However, these errors are
not material to the court’s decision and are therefore harmless.
2