United States v. Tate ( 2001 )

Panel rehearing granted and
rehearing en banc denied by
order filed 1/19/01. Unpublished
opinion filed 8/7/00 is vacated.
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-6700
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JEFFREY TATE,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern Dis-
trict of North Carolina, at Raleigh. Malcolm J. Howard, District
Judge. (CR-97-38-H, CA-99-437-5-H)
Submitted: July 27, 2000 Decided: August 7, 2000
Before MURNAGHAN, WILKINS, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jeffrey Tate, Appellant Pro Se. Robert Edward Skiver, Assistant
United States Attorney, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Jeffrey Tate seeks to appeal the district court’s order deny-
ing 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 certificate of
appealability and dismiss the appeal on the reasoning of the
district court. See United States v. Tate, No. CR-97-38-H; CA-99-
437-5-H (E.D.N.C. Apr. 14, 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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