United States v. Graves

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-6235

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

RYAN DANIEL GRAVES,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Columbia. Henry M. Herlong, Jr., District Judge. (CR-00-626, CA-02-1685-3-20)

Submitted: May 20, 2003 Decided: May 29, 2003

Before WILKINSON, MICHAEL, and MOTZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Tara Dawn Shurling, Columbia, South Carolina, for Appellant. Stacey Denise Haynes, OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Ryan Daniel Graves seeks to appeal the district court’s orders

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

and denying his motion to reconsider pursuant to Federal Rule of

Civil Procedure 59(e). We have independently reviewed the record

and conclude that Graves has not made a substantial showing of the

denial of a constitutional right. See Miller-El v. Cockrell, 123

S. Ct. 1029, 1039 (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