United States v. Fuller

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-7142 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus BRIAN ADAIR FULLER, a/k/a Rico, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, District Judge. (CR-97-69, CA-01-458-7) Submitted: September 19, 2002 Decided: September 30, 2002 Before WILKINS, LUTTIG, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Brian Adair Fuller, Appellant Pro Se. Nancy Spodick Healey, Assistant United States Attorney, Charlottesville, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Brian Adair Fuller seeks to appeal the district court’s orders denying his motion filed under 28 U.S.C. § 2255 (2000), and motion for reconsideration. We have reviewed the record and conclude on the reasoning of the district court that Fuller has not made a substantial showing of the denial of a constitutional right. See United States v. Fuller, Nos. CR-97-69; CA-01-458-7 (W.D. Va. May 31, 2002; July 3, 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