UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-6036

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

JERMAINE JERRELL SIMS, a/k/a Jus, a/k/a Justice,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Claude M. Hilton, Chief District Judge. (CR-98-45, CA-01-547)

Submitted: March 6, 2003 Decided: March 17, 2003

Before WILKINSON, MICHAEL, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Jermaine Jerrell Sims, Appellant Pro Se. Kenneth E. Melson, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia; Nicholas Stephan Altimari, 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Unpublished opinions are not binding precedent in this circuit.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:

Jermaine Jerrell Sims seeks to appeal the district court’s

order denying relief on his motion filed under

(2000). We have independently reviewed the record and conclude

that Sims has not made a substantial showing of the denial of a

constitutional right. Miller-El v. Cockrell, U.S. ,

, at *10 (U.S. Feb. 25, 2003) (No. 01-7662). 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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