UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-7615

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

ERIC E. ALVAREZ, a/k/a Chub,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. Malcolm J. Howard, District Judge. (CR-97-47-H; CA-01-75-7-H)

Submitted: March 8, 2004 Decided: March 24, 2004

Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Eric E. Alvarez, Appellant Pro Se. Christine Witcover Dean, 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Unpublished opinions are not binding precedent in this circuit.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:

Eric E. Alvarez appeals the district court’s order that

found his notice of appeal timely and entered a separate judgment

order as to its dismissal of his

(2000) motion.

We previously denied a certificate of appealability and dismissed

Alvarez’s appeal of the court’s dismissal of his § 2255 motion.

See United States v. Alvarez, No. 02-6276,

(4th Cir.

Feb. 11, 2004) (per curiam). Because Alvarez seeks review of the

same order in this appeal, we deny a certificate of appealability

and dismiss as moot. 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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