United States v. Jupiter

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-7734 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus CLARENCE SHELDON JUPITER, Defendant - Appellant. Appeal from the United States District Court for the Western Dis- trict of Virginia, at Roanoke. Samuel G. Wilson, Chief District Judge. (CR-93-4, CA-00-629-7) Submitted: March 8, 2001 Decided: March 16, 2001 Before MOTZ, TRAXLER, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Clarence Sheldon Jupiter, Appellant Pro Se. Donald Ray Wolthuis, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Clarence Sheldon Jupiter 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 opin- ion and find no reversible error. Accordingly, we deny a cer- tificate of appealability and dismiss the appeal as frivolous on the reasoning of the district court. See United States v. Jupiter, Nos. CR-93-4; CA-00-629-7 (W.D. Va. Sept. 21, 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