United States of America v. Urena, No. 00-4307 4th Cir

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7541
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
RAFAEL ANTONIO URENA,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Leonie M. Brinkema, District
Judge. (CR-99-395-A, CA-01-1159-AM)
Submitted: December 11, 2001 Decided: January 11, 2002
Before WILKINS, NIEMEYER, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Rafael Antonio Urena, Appellant Pro Se. William Neil Hammerstrom,
Jr., OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Rafael Urena moved the district court to allow an untimely
appeal from his plea of guilty to conspiracy to distribute heroin,
in violation of 21 U.S.C.A. § 846 (West 1999), and resulting 151
month sentence. Urena asserts that his original appeal was dis-
missed because counsel failed to prosecute the appeal. In fact,
this court granted the Government’s motion to dismiss the appeal
upon finding that Urena waived his right to appeal. United States
v. Urena, No. 00-4307 (4th Cir. Order of October 10, 2000). As we
conclude that the district court properly ruled on the motions
before it, we deny a certificate of appealability and dismiss the
appeal on the reasoning of the district court. United States v.
Urena, Nos. CR-99-395-A; CA-01-1159-AM (E.D. Va. Aug. 14, 2001).
Urena also challenges the district court’s denial of his motion to
reconsider this order. We hold that the district court did not
abuse its discretion in denying the motion to reconsider. We dis-
pense with oral argument because the facts and legal contentions
are adequately presented in the material before the court and
argument would not aid the decisional process.
DISMISSED

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