UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7628
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
TONY EDGE,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Florence. Cameron McGowan Currie, District
Judge. (CR-96-392, CA-99-2658-4-22)
Submitted: February 5, 2002 Decided: April 26, 2002
Before NIEMEYER and TRAXLER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Tony Edge, Appellant Pro Se. Alfred William Walker Bethea,
Assistant United States Attorney, Florence, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Tony Edge seeks to appeal the district court’s order denying
his motion for reconsideration of the district court’s order
denying his 28 U.S.C.A. § 2255 (West Supp. 2001) motion. Edge
claims that his sentence was improperly enhanced by a state
conviction obtained in violation of his right to counsel and that
his attorney was ineffective for failing to object to the
enhancement on this ground. However, Edge bears the burden of
showing that his prior conviction was invalid. See United States v.
Jones, 977 F.2d 105, 110 (4th Cir. 1992). Because Edge has failed
to submit any evidence supporting his claim that he did not
properly waive counsel during the state proceeding, we deny a
certificate of appealability and dismiss the appeal. We grant
Edge’s motion to file a pro se supplemental brief and 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