United States v. Phillips

Court: Court of Appeals for the Fourth Circuit
Date filed: 2000-08-03
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                             UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT


                             No. 00-6387



UNITED STATES OF AMERICA,

                                               Plaintiff - Appellee,

          versus


JAMES MICHAEL PHILLIPS,

                                             Defendant - Appellant.



Appeal from the United States District Court for the Western Dis-
trict of North Carolina, at Charlotte. Robert D. Potter, Senior
District Judge. (CR-94-29-P, CA-99-11-P)


Submitted:   July 27, 2000                 Decided:   August 3, 2000


Before MURNAGHAN, WILKINS, and KING, Circuit Judges.


Dismissed by unpublished per curiam opinion.


James Michael Phillips, Appellant Pro Se. Brian Lee Whisler, OF-
FICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for
Appellee.


Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:

     James Michael Phillips seeks to appeal the district court’s

order denying his motion filed under 28 U.S.C.A. § 2255 (West Supp.

2000).   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. Phillips, Nos. CR-94-

29-P; CA-99-11-P (W.D.N.C. Feb. 25, 2000).   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




                                 2