UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-7612

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

DAVID LOUIS MCPHERSON,

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-00-81-H, CA-02-58-H)

Submitted: January 16, 2003 Decided: January 24, 2003

Before WILLIAMS, KING, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

David Louis McPherson, Appellant Pro Se. Rudolf A. Renfer, Jr., Assistant United States Attorney, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

David Louis McPherson 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 McPherson has not made a

substantial showing of the denial of a constitutional right. See

United States v. McPherson, Nos. CR-00-81-H; CA-02-58-H (E.D.N.C.

July 19, 2002). 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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