UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-7456
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
MARTIN CHAVEZ-VELAZQUEZ,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Alexandria. Leonie M. Brinkema, District
Judge. (CR-99-325-A)
Submitted: February 28, 2001 Decided: April 2, 2001
Before LUTTIG, MOTZ, and TRAXLER, Circuit Judges.
Affirmed as modified by unpublished per curiam opinion.
Martin Chavez-Velazquez, Appellant Pro Se. LeDora Knight, 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Unpublished opinions are not binding precedent in this circuit.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
Martin Chavez-Velazquez appeals the district court’s orders
denying his motion for return of personal property pursuant to
Federal Rules of Criminal Procedure Rule 41(e) and denying recon-
sideration of that order. We have reviewed the record and the
district court’s opinion and orders and find no reversible error.
Accordingly, we affirm substantially on the reasoning of the dis-
trict court. United States v. Chavez-Velazquez, No. CR-99-325-A
(E.D. Va. Sept. 15 and Oct. 12, 2000). We conclude, however, that
in arguing ineffective assistance of counsel, Appellant was sup-
porting his Rule 41(e) motion—not attacking the validity of his
conviction or sentence pursuant to 28 U.S.C.A. § 2255 (West Supp.
2000). Therefore, we modify the district court’s order to reflect
that Appellant’s motion is properly characterized as filed solely
pursuant to Fed. R. Crim. P. 41(e), not § 2255. We dispense with
oral argument because the facts and legal contentions are adequate-
ly presented in the materials before the court and argument would
not aid the decisional process.
AFFIRMED AS MODIFIED
2