United States v. Beasley

Rehearing granted, rehearing en banc denied, and case placed in abeyance by order filed 2/20/01 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-6719 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus DAVID EARL BEASLEY, Defendant - Appellant. Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Raleigh. James C. Fox, District Judge. (CR-94-122-F, CA-98-810-5-F) Submitted: October 17, 2000 Decided: November 1, 2000 Before MOTZ and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. David Earl Beasley, Appellant Pro Se. Fenita Morris Shepard, OF- FICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: David Earl Beasley appeals 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 certificate of appeal- ability and dismiss the appeal on the reasoning of the district court. See United States v. Beasley, Nos. CR-94-122-F; CA-98-810- 5-F (E.D.N.C. Sept. 28, 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 3