United States v. Rice

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-7196 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus JERNARD ELLIOTT RICE, Defendant -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 Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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