United States v. McKarn

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-7307 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus SEAN MCKARN, Defendant - Appellant. Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. Frederick P. Stamp, Jr., District Judge. (CR-99-11, CA-00-194-5) Submitted: November 27, 2002 Decided: December 20, 2002 Before WILKINS, KING, and GREGORY, Circuit Judges. Dismissed by unpublished per curiam opinion. Sean McKarn, Appellant Pro Se. Samuel Gerald Nazzaro, Jr., Assistant United States Attorney, Wheeling, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Sean McKarn 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 for the reasons stated by the district court that McKarn has not made a substantial showing of the denial of a constitutional right. See United States v. McKarn, Nos. CR-99-11; CA-00-194-5 (N.D.W. Va. July 26, 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