UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 01-7574

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

DAVID FURTADO GRAY,

Defendant - Appellant.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Andre M. Davis, District Judge. (CR-95- 364-AMD, CA-99-575-AMD)

Submitted: January 14, 2002 Decided: February 7, 2002

Before WIDENER, NIEMEYER, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

David Furtado Gray, Appellant Pro Se. Harvey Ellis Eisenberg, As- sistant United States Attorney, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

David Furtado Gray appeals the district court’s orders denying

various motions filed in his

(West Supp. 2001)

action. We have reviewed the record and the district court’s

orders and find no reversible error. Significantly, we note Gray’s

motions appear to rest upon an incorrect premise, inasmuch as this

Court in fact considered the order he contends was omitted from his

original appeal in this matter. See United States v. Gray, No. 01-

6323,

(4th Cir. May 29, 2001) (unpublished), cert.

denied, U.S. ,

(U.S. Nov. 13, 2001) (No.

01-6632). Accordingly, we deny a certificate of appealability and

dismiss the appeal. See United States v. Gray, Nos. CR-95-3640-

AMD; CA-99-575-AMD (D. Md. Aug. 17 & 29, 2001). We dispense with

oral argument because the facts and legal contentions are adequate-

ly presented in the materials before the court and argument would

not aid the decisional process.

DISMISSED

2