UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-6488
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JUKEN WASHINGTON GORDON,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston. John T. Copenhaver, Jr.,
District Judge. (CR-97-63-2, CA-99-950-2)
Submitted: August 31, 2001 Decided: October 17, 2001
Before NIEMEYER, LUTTIG, and MICHAEL, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Juken Washington Gordon, Appellant Pro Se. Michael Lee Keller,
OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West Virginia,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Juken Washington Gordon 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 accepting the recommendation of the magistrate judge and find
no reversible error. We conclude that Gordon has not established
that he involuntarily waived his right to testify at trial, nor did
he establish he was prejudiced by his counsel’s failure to chal-
lenge one of the jurors. Accordingly, we deny a certificate of
appealability and dismiss the appeal substantially on the reasoning
of the district court. United States v. Gordon, Nos. CR-97-63-2;
CA-99-950-2 (S.D.W. Va. Mar. 16, 2001). 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