United States of America v. Harry Pugh

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7133
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
HARRY PUGH,
Defendant - Appellant.
Appeal from the United States District Court for the Northern
District of West Virginia, at Wheeling. Frederick P. Stamp, Jr.,
District Judge. (CR-99-41, CA-00-210-5)
Submitted: October 10, 2002 Decided: October 21, 2002
Before WILLIAMS, KING, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Harry Pugh, Appellant Pro Se. Samuel Gerald Nazzaro, Jr., Assistant
United States Attorney, Wheeling, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Harry Pugh 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 Pugh has not made a substantial
showing of the denial of a constitutional right. See United States
v. Pugh, Nos. CR-99-41; CA-00-210-5 (N.D.W. Va. June 24, 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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