United States of America v. Pete Smith, a/k/a Jose

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6903
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
PETE SMITH, a/k/a Jose,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. William L. Osteen,
District Judge. (CR-93-117, CA-02-265)
Submitted: July 25, 2002 Decided: August 2, 2002
Before WILKINS, MOTZ, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Pete Smith, Appellant Pro Se. Scott Patrick Mebane, 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Unpublished opinions are not binding precedent in this circuit.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:
Pete Smith appeals the district court’s order denying his
motion construed as filed under 28 U.S.C.A. § 2255 (West Supp.
2002). 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. See United States v. Smith, Nos. CR-93-117; CA-02-
265 (M.D.N.C. May 28, 2002). 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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