United States v. Alvarenga , 54 F. App'x 589 ( 2003 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 02-7450
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    versus
    BRIGIDO ALVARENGA,
    Defendant - Appellant.
    Appeal from the United States District Court for the Western
    District of North Carolina, at Asheville.  Lacy H. Thornburg,
    District Judge. (CR-00-5, CA-02-70-1)
    Submitted:   January 16, 2003             Decided:   January 23, 2003
    Before WILLIAMS, KING, and GREGORY, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Brigido Alvarenga, Appellant Pro Se. Richard Lee Edwards, Assistant
    United States Attorney, Thomas Richard Ascik, OFFICE OF THE UNITED
    STATES ATTORNEY, Asheville, North Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Brigido Alvarenga 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 Alvarenga has not made a substantial
    showing of the denial of a constitutional right. See United States
    v. Alvarenga, Nos. CR-00-5; CA-02-70-1 (W.D.N.C. July 15, 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
    2
    

Document Info

Docket Number: 02-7450

Citation Numbers: 54 F. App'x 589

Judges: Williams, King, Gregory

Filed Date: 1/23/2003

Precedential Status: Non-Precedential

Modified Date: 11/6/2024