UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 00-6961

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

JOHNNY MACK BROWN,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, District Judge. (CR-94-27, CA-99-346-7)

Submitted: November 21, 2002 Decided: November 27, 2002

Before NIEMEYER, WILLIAMS, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Ellen Bowyer, TROUTMAN SANDERS, L.L.P., Richmond, Virginia, for Appellant. Jean Barrett Hudson, OFFICE OF THE UNITED STATES ATTORNEY, Charlottesville, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Johnny M. Brown seeks to appeal the district court’s order

denying relief on his motion filed under

(2000).

We have reviewed the record and conclude for the reasons stated by

the district court that Brown has not made a substantial showing of

the denial of a constitutional right. See United States v. Brown,

Nos. CR-94-27; CA-99-346-7 (W.D. Va. June 16, 2000). Accordingly,

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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