UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7712
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DAVID M. SCATES,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Robert E. Payne, District Judge.
(CR-98-87, CA-01-750)
Submitted: January 30, 2003 Decided: February 5, 2003
Before WIDENER, NIEMEYER, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
David M. Scates, Appellant Pro Se. Stephen Wiley Miller, Noelle
Dalrymple, OFFICE OF THE UNITED STATES ATTORNEY, Richmond,
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
David M. Scates 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 Scates has not made a substantial showing
of the denial of a constitutional right. See United States v.
Scates, Nos. CR-98-87; CA-01-750 (E.D. Va. Oct. 29, 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