United States v. Nunez-Rodriguez

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-7629 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus PEDRO NUNEZ-RODRIGUEZ, a/k/a Raphael Diaz, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Henry C. Morgan, Jr., District Judge. (CR-98-121, CA-01-211-1) Submitted: January 18, 2002 Decided: February 21, 2002 Before WILKINS, LUTTIG, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Pedro Nunez-Rodriguez, Appellant Pro Se. Robert Edward Bradenham, II, Assistant United States Attorney, Norfolk, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Pedro Nunez-Rodriguez appeals the district court’s order deny- ing his motion filed under 28 U.S.C.A. § 2255 (West Supp. 2001). We have reviewed the record and the district court’s opinion and find no reversible error. We decline to review Nunez-Rodriguez’s claims raised for the first time on appeal. See Muth v. United States, 1 F.3d 246, 250 (4th Cir. 1993). We deny a certificate of appealability and dismiss the appeal on the reasoning of the dis- trict court. See United States v. Nunez-Rodriguez, Nos. CR-98-121; CA-01-211-1 (E.D. Va. July 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