United States v. Day

• Court: Court of Appeals for the Fourth Circuit
• Decided: February 28, 2003
• Docket: 03-6017
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-6017

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

ALFRED LEE DAY,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, Senior District Judge. (CR-98-15-R, CA-01-662-7)

Submitted: February 20, 2003 Decided: February 28, 2003

Before LUTTIG, MOTZ, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Alfred Lee Day, Appellant Pro Se. Thomas Linn Eckert, Assistant United States Attorney, Roanoke, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Alfred Lee Day 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 Day has not made a substantial showing of

the denial of a constitutional right. See United States v. Day,

Nos. CR-98-15-R; CA-01-662-7 (W.D. Va. Nov. 1, 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