United States v. Jay

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-7055 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus JUSTO ENRIQUE JAY, Defendant - Appellant. No. 98-7215 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus JUSTO ENRIQUE JAY, Defendant - Appellant. Appeals from the United States District Court for the Western District of North Carolina, at Charlotte. Robert D. Potter, Senior District Judge. (CR-88-20-C, CR-88-21, CA-97-202-P) Submitted: October 8, 1998 Decided: October 27, 1998 Before WIDENER, NIEMEYER, and MICHAEL, Circuit Judges. Dismissed by unpublished per curiam opinion. William F.W. Massengale, MASSENGALE & OZER, Chapel Hill, North Carolina; John Kenneth Zwerling, ZWERLING & KEMLER, Alexandria, Virginia, for Appellant. Kenneth Davis Bell, 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 Unpublished opinions are not binding precedent in this circuit.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). 2 PER CURIAM: Appellant seeks to appeal the district court’s order denying his motions filed under 28 U.S.C. § 2255 (1994) and 28 U.S.C. § 1651 (1994) and the district court’s order denying Appellant’s motion to issue a certificate of appealability. We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. United States v. Jay, Nos. CR-88-20-C; CR-88-21; CA-97-202-P (W.D.N.C. May 12 & July 21, 1998). We therefore dismiss Appellant’s appeal of the district court’s order denying his motion to issue a certificate of appealability as moot. We dispense with oral argument because the facts and legal contentions are adequately presented in the mate- rials before the court and argument would not aid the decisional process. DISMISSED 3