Panel rehearing granted by
opinion issued 7/30/01
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-7525
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
PATRICE BEHANZIN WILSON,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern Dis-
trict of North Carolina, at Wilmington. W. Earl Britt, Senior Dis-
trict Judge. (CR-96-34-5-BR, CA-00-229-5-BR)
Submitted: April 27, 2001 Decided: May 23, 2001
Before WIDENER, MICHAEL, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Patrice Behanzin Wilson, Appellant Pro Se. Robert Edward Skiver,
Assistant United States Attorney, Raleigh, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Patrice Behanzin Wilson seeks to appeal the district court’s
order denying his motion to waive or defer his criminal fine and
construing his Fed. R. Civ. P. 60(b) motion attacking his criminal
conviction as a motion filed under 28 U.S.C.A. § 2255 (West Supp.
2000) and denying the same. We have reviewed the record and the
district court’s opinion and find no reversible error in either the
district court’s construal of the Rule 60(b) motion as a § 2255
motion or its subsequent denial of that motion. Accordingly, we
deny a certificate of appealability and dismiss as to that claim on
the reasoning of the district court. United States v. Wilson, Nos.
CR-96-34-5-BR; CA-00-229-5-BR (E.D.N.C. Sept. 13, 2000).
Addressing Wilson’s motion to waive or defer his criminal
fine, we note that Wilson failed to raise this claim on direct ap-
peal and has not demonstrated cause and prejudice for this failure.
Accordingly, we find the claim waived. We dispense with oral argu-
ment because the facts and legal contentions are adequately pre-
sented in the materials before the court and argument would not aid
the decisional process.
DISMISSED
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