United States of America v. Javier Sanchez-Duarte, a/k/a Javier Duarte- Sanchez

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7771
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JAVIER SANCHEZ-DUARTE, a/k/a Javier Duarte-
Sanchez,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. Frank W. Bullock, Jr.,
District Judge. (CR-00-342, CA-02-245-1)
Submitted: February 20, 2003 Decided: February 26, 2003
Before LUTTIG, MOTZ, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Javier Sanchez-Duarte, Appellant Pro Se. Steven Hale Levin, OFFICE
OF THE UNITED STATES ATTORNEY, Greensboro, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Javier Sanchez-Duarte seeks to appeal the district court’s
order accepting the recommendation of the magistrate judge and
denying relief on his motion filed under 28 U.S.C. § 2255 (2000).
We have reviewed the record and conclude on the reasoning of the
district court that Sanchez-Duarte has not made a substantial
showing of the denial of a constitutional right. See United States
v. Sanchez-Duarte, Nos. CR-00-342; CA-02-245-1 (M.D.N.C. filed Oct.
16, 2002; entered Oct. 17, 2002). Accordingly, we deny a
certificate of appealability and 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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