United States of America v. Virgil Avery Withers

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7569
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
VIRGIL AVERY WITHERS,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Terrence W. Boyle, Chief
District Judge. (CR-00-122-BO, CA-01-987-5-BO)
Submitted: January 27, 2003 Decided: February 10, 2003
Before WILKINS, WILLIAMS, and MICHAEL, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Virgil Avery Withers, Appellant Pro Se. Rudolf A. Renfer, Jr.,
Assistant United States Attorney, Raleigh, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Virgil Avery Withers seeks to appeal the district court’s
order denying relief on 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 Withers has not made a
substantial showing of the denial of a constitutional right. See
United States v. Withers, Nos. CR-00-122-BO; CA-01-987-5-BO
(E.D.N.C. July 31, 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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