United States of America v. Kerji Polite

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6898
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
KERJI POLITE,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. Patrick Michael Duffy, District
Judge. (CR-97-943, CA-01-437-23-2)
Submitted: September 5, 2002 Decided: September 10, 2002
Before MOTZ, KING, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Kerji Polite, Appellant Pro Se. Miller Williams Shealy, Jr.,
OFFICE OF THE UNITED STATES ATTORNEY, Charleston, South Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

-- 1 of 2 --

2
PER CURIAM:
Kerji Polite 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 and conclude
on the reasoning of the district court that Polite has not made a
substantial showing of the denial of a constitutional right. See
United States v. Polite, Nos. CR-97-943; CA-01-437-23-2 (D.S.C.
filed May 21, 2002, entered May 22, 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

-- 2 of 2 --