UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7707
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DANILO MONTOYA, a/k/a Daniel Montoya,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. Margaret B. Seymour, District
Judge. (CR-99-98; CA-02-2233-6)
Submitted: May 14, 2004 Decided: May 26, 2004
Before TRAXLER, KING, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Danilo Montoya, Appellant Pro Se. Marvin Jennings Caughman,
Assistant United States Attorney, Columbia, South Carolina; Arthur
Bradley Parham, OFFICE OF THE UNITED STATES ATTORNEY, Florence,
South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Danilo Montoya previously appealed the district court’s
final order denying relief on his 28 U.S.C. § 2255 (2000) motion.
We denied a certificate of appealability and dismissed the appeal.
See United States v. Montoya, No. 03-7636 (4th Cir. Mar. 30, 2004)
(unpublished). Montoya again appeals from the district court’s
denial of his § 2255 motion. Because we have previously determined
that Montoya has failed to provide grounds meriting a certificate
of appealability, it is the law of the case. Christianson v. Colt
Indus. Operating Corp., 486 U.S. 800, 815-16 (1988); United
States v. Bell, 5 F.3d 64, 66-67 (4th Cir. 1993).
Thus, we deny a certificate of appealability and dismiss
the appeal. 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 -