United States of America v. Emmanuel, 288 F.3d 644, 649-50 4th Cir. 2002 , of its intent to construe the motion…

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7093
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
FRANKIE BARBARA DELISE,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Rebecca B. Smith, District Judge.
(CR-99-16)
Submitted: October 24, 2002 Decided: October 31, 2002
Before WIDENER, MICHAEL, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Frankie Barbara Delise, Appellant Pro Se. Kevin Michael Comstock,
OFFICE OF THE UNITED STATES ATTORNEY, Norfolk, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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* Because Delise has previously filed her first § 2255 motion,
we conclude there was no error in the court’s not providing notice
under United States v. Emmanuel, 288 F.3d 644, 649-50 (4th Cir.
2002), of its intent to construe the motion as one under § 2255.
2
PER CURIAM:
Frankie Barbara Delise seeks to appeal the district court’s
order denying her 28 U.S.C. § 2241 (2000) petition that the court
properly construed as a motion filed under 28 U.S.C. § 2255 (2000).
We have reviewed the record and the district court’s opinion and
conclude for the reasons stated by the district court that Delise
has not made a substantial showing of the denial of a
constitutional right. See United States v. Delise, No. CR-99-16
(E.D. Va. filed May 17, 2002; entered May 24, 2002). Accordingly,
we deny a certificate of appealability and grant the Government’s
motion to dismiss the appeal. See 28 U.S.C. § 2253(c) (2000).* 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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