United States v. Nickles

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-7392 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus KEVIN A. NICKLES, Defendant - Appellant. Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Alexandria. T.S. Ellis, III, District Judge. (CR-92-473-A, CA-97-796-AM) Submitted: November 19, 1998 Decided: December 3, 1998 Before HAMILTON and WILLIAMS, Circuit Judges, and BUTZNER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Kevin A. Nickles, Appellant Pro Se. Robert Clifford Chesnut, As- sistant United States Attorney, Alexandria, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Kevin A. Nickles seeks to appeal the district court’s orders denying his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1998), his motion for reconsideration, and his motion for a certificate of appealability. We dismiss the appeals from the de- nial of relief on the § 2255 motion and motion for reconsideration for lack of jurisdiction because the notice of appeal was filed beyond the sixty-day appeal period. See Fed. R. App. P. 4(a). As for the denial of the motion for 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 appeal- ability and dismiss the appeal on the reasoning of the district court. United States v. Nickles, Nos. CR-92-473-A; CA-97-796-AM (E.D. Va. Dec. 3, 1997). 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 2