UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-6947

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

BRIAN LINTON, a/k/a Bee,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at New Bern. Malcolm J. Howard, District Judge. (CR-95-41-H)

Submitted: November 21, 2002 Decided: December 3, 2002

Before LUTTIG and WILLIAMS, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Brian Linton, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Brian Linton, a federal prisoner, seeks to appeal the district

court’s order denying relief on the merits on his motion filed

under

(2000). We have reviewed the record and

conclude that because Linton failed to timely file his § 2255

motion, see

(d) (2000), he is not entitled to

relief under § 2255. Moreover, we find that Linton is not entitled

to a certificate of appealability. See generally Slack v.

McDaniel,

(2000);

(c)(1) (2000).

Accordingly, we deny a certificate of appealability and dismiss the

appeal. Because the appeal presents no complex or substantial

issues, we deny Linton’s motion for appointment of counsel. 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

2