United States v. Johnson

UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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

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