United States v. Hawkins

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-6510 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus CHARLES D. HAWKINS, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T. S. Ellis, III, District Judge. (CR-00-332, CA-02-15-AM) Submitted: August 26, 2002 Decided: October 8, 2002 Before WIDENER, NIEMEYER, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Charles D. Hawkins, Appellant Pro Se. Raymond Hulser, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Charles D. Hawkins seeks to appeal the district court’s order denying relief on his motion filed under 28 U.S.C.A. § 2255 (2000).* We have reviewed the record and conclude on the reasoning of the district court that Hawkins has not made a substantial showing of the denial of a constitutional right. See United States v. Hawkins, Nos. CR-00-332; CA-02-15-AM (E.D. Va. Mar. 12, 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 * To the extent that Hawkins has raised new issues on appeal that were not presented to the district court, those claims are not properly before this court. Muth v. United States, 1 F.3d 246, 250 (4th Cir. 1993). 2