United States of America v. Michael S. Tokarski

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6277
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
MICHAEL S. TOKARSKI,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Newport News. Rebecca Beach Smith,
District Judge. (CR-01-15, CA-02-63-4)
Submitted: April 17, 2003 Decided: April 24, 2003
Before WIDENER, WILLIAMS, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Michael S. Tokarski, Appellant Pro Se. Damon A. King, UNITED STATES
DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Michael S. Tokarski seeks to appeal the district court’s order
denying relief on his motion filed under 28 U.S.C. § 2255 (2000).
We have independently reviewed the record and conclude that
Tokarski has not made a substantial showing of the denial of a
constitutional right. See Miller-El v. Cockrell, U.S. , 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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