United States v. Moseley

47 F. App'x 209

• Court: Court of Appeals for the Fourth Circuit
• Decided: September 11, 2002
• Docket: 02-6900
• Status: Unpublished

Opinion

PER CURIAM.

Charles Lovell Moseley seeks to appeal the district court’s orders denying his motion filed under 28 U.S.C. § 2255 (2000), and denying his motion for reconsideration. * We have reviewed the record and the district court’s opinion and conclude on the reasoning of the district court that Moseley has not made a substantial showing of the denial of a constitutional right. See United States v. Moseley, Nos. CR-99-94; CA-01-193 (E.D. Va. filed Sept. 19, 2001, entered Sept. 20, 2001; filed and entered Nov. 19, 2001). 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 in the decisional process.

DISMISSED.

* We consider Moseley’s notice of appeal timely because judgment was not entered in a separate document. See Fed.R.Civ.P. 58; Fiore v. Washington Co. Community Mental Health Ctr., 960 F.2d 229, 234 (1st Cir.1992); Hol lywood. v. City of Santa Maria, 886 F.2d 1228 (9th Cir.1989); Hughes v. Halifax County School Bd., 823 F.2d 832, 835 (4th Cir.1987) (holding a document that attempts to combine the court's reasoning and its final disposition is not likely to be considered a separate document under Fed. R. Civ. R. 58).