U.S. Court of Appeals for the Fourth Circuit, 2002

United States v. Delise

United States v. Delise
U.S. Court of Appeals for the Fourth Circuit · Decided October 31, 2002 · Widener, Michael, Motz
49 F. App'x 472

United States v. Delise

Opinion

PER CURIAM.

Frankie Barbara Delise seeks to appeal the district court’s order denying her 28 U.S.C. § 2241 (2000) petition that the court properly construed as a motion filed under 28 U.S.C. § 2255 (2000). We have reviewed the record and the district court’s opinion and conclude for the reasons stated by the district court that Delise has not made a substantial showing of the denial of a constitutional right. See United States v. Delise, No. CR-99-16 (E.D. Va. filed May 17, 2002; entered May 24, 2002). Accordingly, we deny a certificate of appealability and grant the Government’s motion to dismiss the appeal. See 28 U.S.C. § 2253(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.

*

Because Delise has previously filed her first § 2255 motion, we conclude there was no error in the court's not providing notice under United States v. Emmanuel, 288 F.3d 644, 649-50 (4th Cir. 2002), of its intent to construe the motion as one under § 2255.

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