United States v. Johnson

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-6338

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

JEROME E. JOHNSON, JR.,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Chief District Judge. (CR-90-331, CA-93-482)

Submitted: May 16, 2002 Decided: June 3, 2002

Before NIEMEYER, WILLIAMS, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Jerome E. Johnson, Jr., Appellant Pro Se. Andrew Levchuk, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Jerome Johnson seeks to appeal the district court’s order

denying his motion for reconsideration of the denial without

prejudice of his Fed. R. Civ. P. 60(b)(6) motion, which the

district court construed as a second or successive 28 U.S.C.A.

§ 2255 (West Supp. 2001) motion. 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 the

appeal on the reasoning of the district court. See United States

v. Johnson, Nos. CR-90-331; CA-93-482 (E.D. Va. Jan. 29, 2002). 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