United States v. Mackey

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6556
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JASPER B. MACKEY, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Richard L. Voorhees,
District Judge. (CR-96-135-V, CA-00-162)
Submitted: June 25, 2002 Decided: October 1, 2002
Before WILLIAMS, MICHAEL, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jasper B. Mackey, Jr., Appellant Pro Se. Gretchen C.F. Shappert,
Assistant United States Attorney, Charlotte, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Jasper B. Mackey, Jr. seeks to appeal the district court’s
order construing his motion filed under 18 U.S.C. § 3742 (1994) as
a motion filed under 28 U.S.C.A. § 2255 (West Supp. 2001) and
denying the motion. We have reviewed the record and the district
court’s order and find no reversible error. Accordingly, we deny
a certificate of appealability and dismiss the appeal on the
reasoning of the district court. See United States v. Mackey, Nos.
CR-96-135-V; CA-00-162 (W.D.N.C. Feb. 1, 2002). 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