United States v. Pena

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-7213 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus DOMINGO NOLBERTO PENA, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (CR-98-132, CA-00-1693-AM) Submitted: October 4, 2001 Decided: October 15, 2001 Before NIEMEYER, LUTTIG, and MICHAEL, Circuit Judges. Dismissed by unpublished per curiam opinion. Domingo Nolberto Pena, Appellant Pro Se. Morris Rudolph Parker, Jr., Assistant United States Attorney, James L. Trump, 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 Unpublished opinions are not binding precedent in this circuit.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: Domingo Nolberto Pena seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2255 (Supp. 2001). We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we deny a cer- tificate of appealability and dismiss the appeal on the reasoning of the district court. See United States v. Pena, Nos. CR-98-132; CA-00-1693-AM (E.D. Va. May 16, 2001). 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 2