United States v. Phillips

Court of Appeals for the Fourth Circuit·Decided August 3, 2000·No. 00-6387·Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 00-6387

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

JAMES MICHAEL PHILLIPS,

Defendant - Appellant.

Appeal from the United States District Court for the Western Dis- trict of North Carolina, at Charlotte. Robert D. Potter, Senior District Judge. (CR-94-29-P, CA-99-11-P)

Submitted: July 27, 2000 Decided: August 3, 2000

Before MURNAGHAN, WILKINS, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

James Michael Phillips, Appellant Pro Se. Brian Lee Whisler, OF- FICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

James Michael Phillips seeks to appeal the district court’s

order denying his motion filed under 28 U.S.C.A. § 2255 (West Supp.

2000). We have reviewed the record and the district court’s

opinion and find no reversible error. Accordingly, we deny a cer-

tificate of appealability and dismiss the appeal on the reasoning

of the district court. See United States v. Phillips, Nos. CR-94-

29-P; CA-99-11-P (W.D.N.C. Feb. 25, 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

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