United States v. Soto

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6653
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
REMEDIOS NARIO SOTO,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. N. Carlton Tilley, Jr.,
Chief District Judge. (CR-97-291-2, CA-01-172-1)
Submitted: August 14, 2003 Decided: August 21, 2003
Before WILLIAMS, KING, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Remedios Nario Soto, Appellant Pro Se. Timika Shafeek, 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Unpublished opinions are not binding precedent in this circuit.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:
Remedios Nario Soto seeks to appeal the district court’s order
accepting the recommendation of the magistrate judge and denying
relief on his motion filed under 28 U.S.C. § 2255 (2000). We have
independently reviewed the record and conclude that Soto has not
made a substantial showing of the denial of a constitutional right.
See Miller-El v. Cockrell, 537 U.S. 322, , 123 S. Ct. 1029, 1039
(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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