United States v. Martinez-Patricio ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7652
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
PEDRO MARTINEZ-PATRICIO,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. William L. Osteen, District
Judge. (CR-00-356, CA-02-101-1)
Submitted: May 29, 2003 Decided: June 3, 2003
Before WILKINSON, MICHAEL, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Pedro Martinez-Patricio, Appellant Pro Se. Steven Hale Levin,
OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Pedro Martinez-Patricio seeks to appeal the district court’s
order adopting the magistrate judge’s report and recommendation and
denying relief on his motion filed under 28 U.S.C. § 2255 (2000).
We have independently reviewed the record and conclude that
Martinez-Patricio has not made a substantial showing of the denial
of a constitutional right. 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). 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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