United States v. Fisher

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-6004

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

DANA LEONARD FISHER,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Robert G. Doumar, Senior District Judge. (CR-98-67, CA-01-130)

Submitted: March 20, 2003 Decided: March 27, 2003

Before WILLIAMS and TRAXLER, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Dana Leonard Fisher, Appellant Pro Se. Laura Marie Everhart, Assistant United States Attorney, Norfolk, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Dana Leonard Fisher seeks to appeal the district court’s order

denying relief on his motion filed under 28 U.S.C. § 2255 (2000).

We have independently reviewed the record and conclude that Fisher

has not made a substantial showing of the denial of a

constitutional right. See Miller-El v. Cockrell, 123 S.Ct. 1029

(U.S. Feb. 25, 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