United States v. Velazquez

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-6230 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus HECTOR VELAZQUEZ, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Richard L. Voorhees, District Judge. (CR-97-297-V, CA-00-187-S) Submitted: October 2, 2002 Decided: November 20, 2002 Before WILKINS, MOTZ, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Noell Peter Tin, Charlotte, North Carolina, for Appellant. Douglas Scott Broyles, Assistant United States Attorney, Charlotte, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Hector Velazquez Velazquez 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 conclude on the reasoning of the district court that Velazquez has not made a substantial showing of the denial of a constitutional right. See United States v. Velazquez, Nos. CR-97-297-V; CA-00-187-S (W.D.N.C. filed Nov. 30, 2001, entered Dec. 3, 2001). 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