United States v. Boston

• Court: Court of Appeals for the Fourth Circuit
• Decided: March 27, 2003
• Docket: 02-7901
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-7901

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

WILLIE L. BOSTON, III,

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-99-98, CA-00-962)

Submitted: March 12, 2003 Decided: March 27, 2003

Before WIDENER, LUTTIG, and WILLIAMS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Willie L. Boston, III, Appellant Pro Se. OFFICE OF THE UNITED STATES ATTORNEY, Greensboro, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Willie L. Boston, III, seeks to appeal the district court’s

May 31, 2002, order and judgment accepting the magistrate judge’s

May 2, 2001, report and recommendation and denying relief on

Boston’s 28 U.S.C. § 2255 (2000) motion, and the district court’s

October 21, 2002, order denying Boston’s motion for reconsideration

and non-publication. We have independently reviewed the record and

cannot conclude that reasonable jurists would find the district

court’s rulings debatable. Accordingly, we grant Boston’s pending

motion for non-publication of this Court’s opinion, deny a

certificate of appealability, and dismiss the appeal. 28 U.S.C.

§ 2253(c) (2000); Miller-El v. Cockrell, U.S. , 2003 WL

431659, at *11 (U.S. Feb. 25, 2003). 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 in the

decisional process.

DISMISSED