United States v. Davis

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 01-7843

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

ALPHONSO DAVIS,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Richard L. Voorhees, District Judge. (CR-95-59, CA-99-230-3)

Submitted: April 18, 2002 Decided: April 25, 2002

Before MOTZ, TRAXLER, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Alphonso Davis, 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Unpublished opinions are not binding precedent in this circuit.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:

On June 20, 2001, the district court dismissed Alphonso Davis’

motion to vacate his conviction and sentence pursuant to 28

U.S.C.A. § 2255 (West Supp. 2001). Three months later, Davis moved

for reconsideration, asking the district court to rethink its

dismissal of his § 2255 motion. The district court denied Davis’

motion, and Davis timely appealed. We have reviewed the record and

the district court’s opinion and find no reversible error.

Accordingly, we deny a certificate of appealability and dismiss on

the reasoning of the district court. See United States v. Davis,

No. CR-95-59; CA-99-230-3 (W.D.N.C. filed Sept. 19, 2001; entered

Sept. 20, 2001). 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