United States of America v. Catalino Benitez-Vallejo

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7298
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
CATALINO BENITEZ-VALLEJO,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. James A. Beaty, Jr.,
District Judge. (CR-99-121, CA-00-1061-1)
Submitted: March 20, 2003 Decided: March 25, 2003
Before WILLIAMS and TRAXLER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Catalino Benitez-Vallejo, Appellant Pro Se. Steven Hale Levin,
OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Catalino Benitez-Vallejo seeks to appeal the district court’s
order accepting the recommendation of the magistrate judge and
denying relief on his motion filed under 28 U.S.C. § 2255 (2000).
We have independently reviewed the record and conclude that
Benitez-Vallejo has not made a substantial showing of the denial of
a constitutional right. See Miller-El v. Cockrell, 123 S.Ct. 1029
(U.S. Feb. 25, 2003). 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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