United States v. Chow

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-7579 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus SIMON CHOW, Defendant - Appellant. Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Alexandria. James C. Cacheris, Senior Dis- trict Judge. (CR-94-219, CA-96-1641-AM) Submitted: April 10, 2000 Decided: May 1, 2000 Before WILLIAMS and MOTZ, Circuit Judges, and BUTZNER, Senior Cir- cuit Judge. Dismissed by unpublished per curiam opinion. Simon Chow, Appellant Pro Se. Lawrence Joseph Leiser, Assistant United States Attorney, William Neil Hammerstrom, Jr., OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Simon Chow seeks to appeal the district court’s order denying his motion for relief from the court’s order denying his motion 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 abuse of discretion in the denial of the motion. See National Org. for Women v. Operation Rescue, 47 F.3d 667, 669 (4th Cir. 1995). Chow did not establish any extraordinary circumstances warranting relief under Rule 60(b), Fed. R. Civ. P. See Ackermann v. United States, 340 U.S. 193, 202 (1950). Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argu- ment because the facts and legal contentions are adequately pre- sented in the materials before the court and argument would not aid the decisional process. DISMISSED 2