United States of America v. Jose R. Rubio

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6809
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JOSE R. RUBIO,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Leonie M. Brinkema, District
Judge. (CR-00-420, CA-02-229-A)
Submitted: October 10, 2002 Decided: October 17, 2002
Before WILLIAMS, KING, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jose R. Rubio, Appellant Pro Se. Thomas More Hollenhorst, Assistant
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Unpublished opinions are not binding precedent in this circuit.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:
Jose R. Rubio 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 conclude for the reasons stated by the
district court that Rubio has not made a substantial showing of the
denial of a constitutional right. See United States v. Rubio, Nos.
CR-00-420; CA-02-229-A (E.D. Va. Feb. 22, 2002). Accordingly, we
deny Rubio’s motion for 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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