United States v. Castellanos

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-7213 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus JULIO ROBERTO CASTELLANOS, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, District Judge. (CR-91-82, CA-01-571-7) Submitted: October 10, 2002 Decided: October 21, 2002 Before WILLIAMS, KING, and GREGORY, Circuit Judges. Dismissed by unpublished per curiam opinion. Julio Roberto Castellanos, Appellant Pro Se. Joseph William Hooge Mott, Assistant United States Attorney, Roanoke, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Julio Roberto Castellanos seeks to appeal the district court’s order denying his motion filed under 28 U.S.C. § 2255 (2000). We have reviewed the record and the district court’s memorandum opinion and conclude on the reasoning of the district court that Castellanos has not made a substantial showing of the denial of a constitutional right. See United States v. Castellanos, Nos. CR- 91-82; CA-01-571-7 (W.D. Va. June 5, 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