United States v. Bass

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-6309 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus ALVIN BASS, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior District Judge. (CR-90-352-A, CA-97-754-AM) Submitted: August 15, 2000 Decided: August 25, 2000 Before WILLIAMS and MOTZ, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Alvin Bass, Appellant Pro Se. Charles Philip Rosenberg, 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 Unpublished opinions are not binding precedent in this circuit.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: Alvin Bass seeks to appeal the district court’s order con- struing his petition for a writ of habeas corpus under 28 U.S.C. § 2241 (1994) as a motion filed under 28 U.S.C.A. § 2255 (West Supp. 2000) and dismissing it without prejudice as successive. We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we deny a certificate of appeal- ability and dismiss the appeal on the reasoning of the district court. See United States v. Bass, Nos. CR-90-352-A; CA-97-754-AM (E.D. Va. Jan. 4, 2000). We dispense with oral argument because the facts and legal contentions are adequately presented in the ma- terials before the court and argument would not aid the decisional process. DISMISSED 2