UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7538
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
MICHAEL ANTHONY SMITH,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Alexander Williams, Jr., District Judge.
(CR-98-252, CA-00-3771-AW)
Submitted: November 29, 2001 Decided: December 10, 2001
Before WIDENER, NIEMEYER, and WILLIAMS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Michael Anthony Smith, Appellant Pro Se. Barbara Suzanne Skalla,
Assistant United States Attorney, Rod J. Rosenstein, OFFICE OF THE
UNITED STATES ATTORNEY, Greenbelt, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Michael Anthony Smith seeks to appeal the district court’s
orders denying his motion filed under 28 U.S.C.A. § 2255 (West
Supp. 2001) and his motion for a certificate of appealability. The
district court’s order denying Smith’s § 2255 motion was entered on
the docket on June 20, 2001, and we construe his August 20, 2001
motion for a certificate of appealability as a timely notice of
appeal from that order. See Smith v. Barry, 502 U.S. 244, 248
(1992). Nonetheless, we have reviewed the record and the district
court’s opinions and orders denying Smith’s § 2255 motion and
motion for a certificate of appealability and find no reversible
error.
Accordingly, we deny a certificate of appealability and dis-
miss the appeal on the reasoning of the district court. See United
States v. Smith, Nos. CR-98-252; CA-00-3771-AW (D. Md. filed June
19, 2001, entered June 20, 2001; filed Aug. 27, 2001, entered Aug.
28, 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