United States v. Martinez-Patricio

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-7652 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus PEDRO MARTINEZ-PATRICIO, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Durham. William L. Osteen, District Judge. (CR-00-356, CA-02-101-1) Submitted: May 29, 2003 Decided: June 3, 2003 Before WILKINSON, MICHAEL, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Pedro Martinez-Patricio, Appellant Pro Se. Steven Hale Levin, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Pedro Martinez-Patricio seeks to appeal the district court’s order adopting the magistrate judge’s report and recommendation and denying relief on his motion filed under 28 U.S.C. § 2255 (2000). We have independently reviewed the record and conclude that Martinez-Patricio has not made a substantial showing of the denial of a constitutional right. See Miller-El v. Cockrell, 123 S. Ct. 1029 (2003). 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