UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-7754

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus

DARIUS KEITH RAINEY, Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Samuel G. Wilson, Chief District Judge, sitting by designation. (CR-98-93, CA-01-137-3)

Submitted: April 17, 2003 Decided: April 22, 2003

Before WIDENER, WILLIAMS, and MOTZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Darius Keith Rainey, Appellant Pro Se. Jennifer Marie Hoefling, Assistant United States Attorney, Charlotte, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Darius Keith Rainey seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C. § 2254 (2000).

We have independently reviewed the record and conclude that Rainey has not demonstrated that reasonable jurists would find the district court’s assessment of his constitutional claims debatable or wrong. See Miller-El v. Cockrell, U.S. , 123 S. Ct. 1029 (2003). Accordingly, we deny a certificate of appealability and 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