United States v. Gibson , 80 F. App'x 875 ( 2003 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 03-7063
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    versus
    BERNARD GIBSON, JR.,
    Defendant - Appellant.
    Appeal from the United States District Court for the District of
    Maryland, at Greenbelt. Peter J. Messitte, District Judge. (CR-
    94-454-PJM)
    Submitted:   September 10, 2003        Decided:     November 17, 2003
    Before NIEMEYER and LUTTIG, Circuit Judges, and HAMILTON, Senior
    Circuit Judge.
    Affirmed by unpublished per curiam opinion.
    Bernard Gibson, Jr., Appellant Pro Se. Stuart A. Berman, Assistant
    United States Attorney, Greenbelt, Maryland, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Bernard   Gibson,   Jr.,   appeals   the   district   court’s   order
    denying his motion filed under 
    18 U.S.C.A. § 3582
    (c) (West 2000 &
    Supp. 2003).   We have reviewed the record and find no reversible
    error.   Accordingly, we affirm for the reasons stated by the
    district court. See United States v. Gibson, No. CR-94-454-PJM (D.
    Md. filed July 1, 2003; entered July 4, 2003).               We deny as
    unnecessary Gibson’s motion for general relief, in which he sought
    a certificate of appealability, because Gibson’s appeal is not from
    “the final order in a proceeding under [28 U.S.C.] section 2255.”
    
    28 U.S.C. § 2253
    (c)(1)(B) (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.
    AFFIRMED
    2
    

Document Info

Docket Number: 03-7063

Citation Numbers: 80 F. App'x 875

Judges: Niemeyer, Luttig, Hamilton

Filed Date: 11/17/2003

Precedential Status: Non-Precedential

Modified Date: 10/19/2024