UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-7277

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

DAVID ZEBROWSKI, a/k/a Dog, a/k/a Mad Dog, a/k/a Lewis Brady, a/k/a David E. Stewart, a/k/a Eric Smith,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, District Judge. (CR-96-41, CA-98-350)

Submitted: October 10, 2002 Decided: October 21, 2002

Before WILLIAMS, KING, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

David Zebrowski, Appellant Pro Se. Mary Hannah Lauck, David John Novak, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

David Zebrowski seeks to appeal the district court’s orders

denying his motion filed under Rule 60(b) of the Federal Rules of

Civil Procedure and his motion seeking reconsideration. Insofar as

Zebrowski raises issues in his Rule 60(b) motion concerning claims

raised in his

(2000) motion, we find Zebrowski did

not show extraordinary circumstances warranting granting the Rule

60(b) motion filed approximately three years after the denial of

his § 2255 motion. Accordingly, we conclude that Zebrowski has not

made a substantial showing of the denial of a constitutional right.

We deny a certificate of appealability and dismiss the appeal. See

(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 the

decisional process.

DISMISSED

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