United States v. Garcia

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-7750 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus SIXTO MARCELINO GARCIA, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, Chief District Judge. (CR-98-87, CA-01-332-5-BO) Submitted: January 31, 2002 Decided: February 11, 2002 Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges. Dismissed by unpublished per curiam opinion. Sixto Marcelino Garcia, 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 Unpublished opinions are not binding precedent in this circuit.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: Sixto Marcelino Garcia seeks to appeal the district court’s order denying his motion filed under 28 U.S.C.A. § 2255 (West Supp. 2001). We have reviewed the record and the district court’s opin- ion and find no reversible error. Accordingly, we deny a certif- icate of appealability and dismiss the appeal on the reasoning of the district court. United States v. Garcia, Nos. CR-98-87; CA-01- 332-5-BO (E.D.N.C. Oct. 1, 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