United States v. Hernandez

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-7830 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus CARLOS ENRIQUEZ HERNANDEZ, Defendant - Appellant. Appeal from the United States District Court for the Middle Dis- trict of North Carolina, at Greensboro. William L. Osteen, Sr., District Judge. (CR-95-262, CA-97-825) Submitted: February 16, 1999 Decided: March 4, 1999 Before WILLIAMS, MICHAEL, and MOTZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Carlos Enriquez Hernandez, Appellant Pro Se. Timika Shafeek, As- sistant United States Attorney, Charlotte, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Carlos Hernandez 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. See United States v. Hernandez, Nos. CR-95- 262; CA-97-825 (M.D.N.C. Nov. 16, 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