UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6976
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DOMINIC LAVON STONE,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. James R. Spencer, District
Judge. (CR-96-140)
Submitted: August 15, 2002 Decided: August 26, 2002
Before NIEMEYER, LUTTIG, and WILLIAMS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Dominic Lavon Stone, Appellant Pro Se. S. David Schiller, OFFICE
OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Dominic Lavon Stone appeals the district court’s order
construing his motion under Fed. R. Civ. R. 60(b) as a successive
motion under 28 U.S.C. § 2255 (2000) and denying the motion. We
have reviewed the record and the district court’s opinion and find
no reversible error. Even considering the motion as a request for
reconsideration under Rule 60(b), we conclude Stone is entitled to
no relief because his claim is foreclosed by our decision in United
States v. Mitchell, 104 F.3d 649, 653-54 (4th Cir. 1997).
Accordingly, we affirm the denial of relief. 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.
AFFIRMED
2