UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6017
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ALFRED LEE DAY,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. James C. Turk, Senior District
Judge. (CR-98-15-R, CA-01-662-7)
Submitted: February 20, 2003 Decided: February 28, 2003
Before LUTTIG, MOTZ, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Alfred Lee Day, Appellant Pro Se. Thomas Linn Eckert, Assistant
United States Attorney, Roanoke, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Alfred Lee Day 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 Day has not made a substantial showing of
the denial of a constitutional right. See United States v. Day,
Nos. CR-98-15-R; CA-01-662-7 (W.D. Va. Nov. 1, 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