United States v. Emmanuel

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-7763 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus SHAHBORN EMMANUEL, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Lacy H. Thornburg, District Judge. (CR-97-288-V, CA-00-411-3) Submitted: February 10, 2003 Decided: March 10, 2003 Before WIDENER, NIEMEYER, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Shahborn Emmanuel, Appellant Pro Se. Keith Michael Cave, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Shahborn Emmanuel 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 on the reasoning of the district court that Emmanuel has not made a substantial showing of the denial of a constitutional right. See United States v. Emmanuel, Nos. CR-97-288-V; CA-00-411-3 (W.D.N.C. filed Sept. 12, 2002; entered Sept. 13, 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