United States v. Gomez ( 2001 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-7544
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
SEBASTIAN GOMEZ,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. David C. Norton, District Judge.
(CR-96-806)
Submitted: January 18, 2001 Decided: January 30, 2001
Before WIDENER and MICHAEL, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed in part and affirmed in part by unpublished per curiam
opinion.
Sebastian Gomez, Appellant Pro Se. Marshall Prince, 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Unpublished opinions are not binding precedent in this circuit.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:
Sebastian Gomez appeals the district court’s order denying his
motion to withdraw his guilty plea and habeas relief 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. Accord-
ingly, we affirm the decision to deny Gomez’s motion to withdraw
his guilty plea on the reasoning of the district court. United
States v. Gomez, No. CR-96-806 (D.S.C. filed Oct. 11, 2000; entered
Oct. 12, 2000). To the extent that Gomez raised additional claims
sounding in habeas, we also rely on the reasoning of the district
court in denying a certificate of appealability as to those claims
and dismissing the appeal in relevant part. 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 IN PART; AFFIRMED IN PART
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