United States v. Aguilar

• Court: Court of Appeals for the Fourth Circuit
• Decided: October 31, 2002
• Docket: 02-7325
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-7325

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

JUAN ANTONIO AGUILAR,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry M. Herlong, Jr., District Judge. (CR-00-330, CA-02-2529)

Submitted: October 24, 2002 Decided: October 31, 2002

Before WIDENER, MICHAEL, and MOTZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Juan Antonio Aguilar, Appellant Pro Se. Elizabeth Jean Howard, OFFICE OF THE UNITED STATES ATTORNEY, Greenville, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Juan Antonio Aguilar 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 Aguilar has not made a

substantial showing of the denial of a constitutional right. See

United States v. Aguilar, Nos. CR-00-330; CA-02-2529 (D.S.C.

Aug. 16, 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