United States of America v. Marion Latimer, Jr

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6757
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
MARION LATIMER, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Huntington. Joseph Robert Goodwin,
District Judge. (CR-95-147, CA-97-799-3)
Submitted: October 24, 2002 Decided: October 30, 2002
Before WIDENER, MICHAEL, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Marion Latimer, Jr., Appellant Pro Se. Michael Lee Keller, OFFICE
OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Marion Latimer, Jr., seeks to appeal the district court’s
order denying his motion filed under 28 U.S.C. § 2255 (2000). We
have reviewed the record and the district court’s opinion accepting
the recommendation of the magistrate judge and conclude for the
reasons stated by the district court that Latimer has not made a
substantial showing of the denial of a constitutional right. See
United States v. Latimer, No. CR-95-147; CA-97-799-3 (S.D.W. Va.
filed Apr. 9, 2002; entered Apr. 10, 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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