UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6937
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
SEAN DARRELL JOHNSON,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. William L. Osteen, District
Judge. (CR-98-138, CA-01-300-1)
Submitted: September 5, 2002 Decided: September 11, 2002
Before MOTZ, KING, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Sean Darrell Johnson, Appellant Pro Se. Michael Francis Joseph,
Assistant United States Attorney, Greensboro, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Sean Darrell Johnson seeks to appeal the district court’s
judgment adopting the magistrate judge’s report and recommendation
and denying his motion filed under 28 U.S.C. § 2255 (2000). We have
reviewed the record and the district court’s order and conclude on
the reasoning of the district court that Johnson has not made a
substantial showing of the denial of a constitutional right. See
United States v. Johnson, Nos. CR-9-138; CA-01-300-1 (M.D.N.C. Mar.
28, 2002). Accordingly, we deny a certificate of appealability and
dismiss the appeal. See 28 U.S.C. § 2253(c) (2000). 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