United States of America v. Benny Cortez, a/k/a Rico

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6158
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
BENNY CORTEZ, a/k/a Rico,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. James A. Beaty, Jr.,
District Judge. (CR-98-257, CA-01-224-1)
Submitted: April 18, 2002 Decided: April 30, 2002
Before MOTZ, TRAXLER, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Benny Cortez, Appellant Pro Se. David Paul Folmar, Jr., Assistant
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Unpublished opinions are not binding precedent in this circuit.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:
Benny Cortez 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 accepting the recommendation of the magistrate judge and
find no reversible error. Accordingly, we deny a certificate of
appealability and dismiss the appeal on the reasoning of the
district court. United States v. Cortez, Nos. CR-98-257; CA-01-
224-1 (M.D.N.C. Nov. 27, 2001). 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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