United States v. Hopper ( 1999 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-6662
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
GERALD DAMONE HOPPER,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Thomas A. Wiseman, Jr.,
District Judge. (CR-95-119, CA-96-217-3-V)
Submitted: November 9, 1999 Decided: December 13, 1999
Before NIEMEYER and WILLIAMS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Gerald Damone Hopper, Appellant Pro Se. Robert James Conrad, Jr.,
Assistant United States Attorney, Charlotte, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Gerald Damone Hopper seeks to appeal the district court’s
order denying his Fed. R. Civ. P. 59(e) motion to reconsider the
court’s order denying his motion to vacate his sentence filed under
28 U.S.C.A. § 2255 (West Supp. 1999). We have reviewed the record
and find no abuse of discretion. See EEOC v. Lockheed Martin
Corp., 116 F.3d 110, 112 (4th Cir. 1997); see generally United
States v. Williams, 674 F.2d 310, 313 (4th Cir. 1982) (noting that
reconsideration is not warranted when movant is simply asking the
court to “change its mind”). Accordingly, we deny a certificate of
appealability and dismiss the appeal. We also deny Hopper’s motion
to proceed in forma pauperis. 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
- 2 -