United States v. Gullett ( 2003 )

Rehearing granted, June 24, 2003
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7720
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DENNY R. GULLETT,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston. John T. Copenhaver, Jr.,
District Judge. (CR-94-17, CA-97-456-2)
Submitted: January 21, 2003 Decided: March 7, 2003
Before NIEMEYER and MICHAEL, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Cheryl Johns Sturm, Chadds Ford, Pennsylvania, for Appellant.
Michael Lee Keller, OFFICE OF THE UNITED STATES ATTORNEY,
Charleston, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Denny R. Gullett 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 Gullett has not made a substantial showing
of the denial of a constitutional right. See United States v.
Gullett, Nos. CR-94-17; CA-97-456-2 (S.D.W. Va. Sept. 30, 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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