United States of America v. Pedro Martinez-Patricio

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7652
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
PEDRO MARTINEZ-PATRICIO,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. William L. Osteen, District
Judge. (CR-00-356, CA-02-101-1)
Submitted: May 29, 2003 Decided: June 3, 2003
Before WILKINSON, MICHAEL, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Pedro Martinez-Patricio, 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Unpublished opinions are not binding precedent in this circuit.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:
Pedro Martinez-Patricio seeks to appeal the district court’s
order adopting the magistrate judge’s report and recommendation and
denying relief on his motion filed under 28 U.S.C. § 2255 (2000).
We have independently reviewed the record and conclude that
Martinez-Patricio has not made a substantial showing of the denial
of a constitutional right. See Miller-El v. Cockrell, 123 S. Ct.
1029 (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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