United States v. Drake

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-7581 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus MICHAEL LEE DRAKE, Defendant - Appellant. Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Raleigh. James C. Fox, District Judge. (CR-95-124-F, CA-95-187-5-F) Submitted: February 25, 1999 Decided: March 10, 1999 Before HAMILTON, WILLIAMS, and MICHAEL, Circuit Judges. Dismissed by unpublished per curiam opinion. Michael Lee Drake, Appellant Pro Se. Fenita Morris Shepard, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Appellant 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 certificate of appealability and dismiss the appeal on the reasoning of the dis- trict court. See United States v. Drake, Nos. CR-95-124-F; CA-95- 187-5-F (E.D.N.C. Oct. 9, 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