United States v. Spence ( 2003 )


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  •                              UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 03-6081
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    versus
    DANIEL L. SPENCE,
    Defendant - Appellant.
    Appeal from the United States District Court for the District of
    Maryland, at Baltimore. Frederic N. Smalkin, District Judge. (CR-
    98-34, CA-02-3749)
    Submitted:   March 6, 2003                 Decided:   March 17, 2003
    Before WILKINSON, MICHAEL, and KING, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Daniel L. Spence, Appellant Pro Se. Thomas Michael DiBiagio, United
    States Attorney, Baltimore, Maryland, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Daniel L. Spence 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 Spence
    has   not   made   a    substantial    showing   of    the    denial    of    a
    constitutional right. See Miller-El v. Cockrell,              U.S.      , 
    2003 WL 431659
    , at *10 (U.S. Feb. 25, 2003) (No. 01-7662). 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
    2
    

Document Info

Docket Number: 03-6081

Filed Date: 3/17/2003

Precedential Status: Non-Precedential

Modified Date: 10/31/2014