UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 07-6824

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

DANIEL DEMETRIOUS JAMES, JR., a/k/a Dee,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at New Bern. Louise W. Flanagan, Chief District Judge. (5:04-cr-00262-FL)

Submitted: September 13, 2007 Decided: September 19, 2007

Before GREGORY and DUNCAN, Circuit Judges, and WILKINS, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Daniel Demetrious James, Jr., 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Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Daniel Demetrious James, Jr., appeals the district

court’s order denying his motion for a hearing based on the

Government’s alleged breach of the plea agreement. We have

reviewed the record and find no reversible error. Accordingly, we

affirm for the reasons stated by the district court. United

States v. James, No. 5:04-cr-00262-FL (E.D.N.C. May 7, 2007). We

deny as unnecessary James’ motion for a certificate of

appealability. 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.

AFFIRMED

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