United States of America v. Marion Brooks Person

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6423
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
MARION BROOKS PERSON,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Fox, Senior
District Judge. (CR-96-140-F, CA-01-445-5-F)
Submitted: May 15, 2003 Decided: May 28, 2003
Before LUTTIG and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Marion Brooks Person, 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Unpublished opinions are not binding precedent in this circuit.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).

-- 1 of 2 --

2
PER CURIAM:
Marion Brooks Person seeks to appeal the district court’s
orders denying relief on his motion filed under 28 U.S.C. § 2255
(2000) and denying reconsideration of that order. We have
independently reviewed the record and conclude that Person has not
made a substantial showing of the denial of a constitutional right
as to either order. 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). Further, we
deny Person’s motion for appointment of counsel and 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

-- 2 of 2 --