United States of America v. Marcus Plater

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6260
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
MARCUS PLATER,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Peter J. Messitte, District Judge. (CR-
99-559, CA-01-1489)
Submitted: April 25, 2002 Decided: May 8, 2002
Before WILLIAMS and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Marcus Plater, Appellant Pro Se. Barbara Suzanne Skalla, Assistant
United States Attorney, Greenbelt, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Marcus Plater seeks to appeal the district court’s order
denying his motion filed under 28 U.S.C.A. § 2255 (West Supp.
2001). We have reviewed the record and the district court’s opinion
and find no reversible error. To the extent that Plater challenges
the constitutionality of 21 U.S.C.A. § 841(b) (West 1999 & Supp.
2001), this claim fails as we have upheld the constitutionality of
§ 841(b). United States v. McAllister, 272 F.3d 228 (4th Cir.
2001). Accordingly, we deny a certificate of appealability and
dismiss the appeal on the reasoning of the district court. United
States v. Plater, Nos. CR-99-559; CA-01-1489 (D. Md. Jan. 18,
2002). 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

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