United States v. Spencer

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-6174 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus JULIAN TRAVON SPENCER, a/k/a Julian Lamar Traffix, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Graham C. Mullen, Chief District Judge. (CR-98-138-MU, CA-01-495-3-2-MU) Submitted: July 10, 2003 Decided: July 15, 2003 Before WILKINSON, MOTZ, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Julian Travon Spencer, Appellant Pro Se. C. Nicks Williams, 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 Unpublished opinions are not binding precedent in this circuit.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: Julian Travon Spencer seeks to appeal the district court’s order denying relief on his motion filed under 28 U.S.C. § 2255 (2000). We have independently reviewed the record and conclude that Spencer has not made a substantial showing of the denial of a constitutional right. See Miller-El v. Cockrell, 537 U.S. 322 (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