UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7196
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JERNARD ELLIOTT RICE,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. W. Earl Britt, Senior
District Judge. (CR-01-49-5-BR, CA-02-169-5-BR)
Submitted: September 18, 2002 Decided: October 10, 2002
Before WILKINS and NIEMEYER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Jernard Elliott Rice, Appellant Pro Se. Rudolf A. Renfer, Jr.,
Assistant United States Attorney, Raleigh, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Jernard Elliott Rice seeks to appeal the district court’s
order denying relief on his motion filed under 28 U.S.C. § 2255
(2000). We have reviewed the record and conclude on the reasoning
of the district court that Rice has not made a substantial showing
of the denial of a constitutional right. See United States v.
Rice, Nos. CR-01-49-5-BR; CA-02-169-5-BR (E.D.N.C. July 11, 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