United States v. Fabian

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-6478 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus GIOVANNY FABIAN, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Robert D. Potter, Senior District Judge. (CR-92-183-P, CA-98-70-3-P) Submitted: November 10, 1998 Decided: November 19, 1998 Before WIDENER, HAMILTON, and MICHAEL, Circuit Judges. Dismissed by unpublished per curiam opinion. Giovanny Fabian, Appellant Pro Se. 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 Unpublished opinions are not binding precedent in this circuit.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). PER CURIAM: Giovanny Fabian seeks to appeal the district court’s order denying his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1998). We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we deny a cer- tificate of appealability and dismiss the appeal on the reasoning of the district court. United States v. Fabian, Nos. CR-92-183-P; CA-98-70-3-P (W.D.N.C. Feb. 23, 1998). 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