ON REHEARING

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6100

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

AMADO ANTONIO CARTAGENA,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, District Judge. (3:06-cr-00153-FDW-DCK-1)

Submitted: June 18, 2009 Decided: November 18, 2009

Before NIEMEYER, GREGORY, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Amado Antonio Cartagena, Appellant Pro Se. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Amado Antonio Cartagena pled guilty without a plea

agreement to unlawful reentry into the United States by a

deported alien, in violation of

(a), (b)(2)

(2006), and was sentenced to eighty months in prison. Cartagena

appealed, and on February 22, 2008, we affirmed his conviction

and sentence. See United States v. Cartagena,

(4th Cir. Feb. 22, 2008) (No. 07-4530). Cartagena now seeks to

file a second appeal of his conviction and sentence. We have

previously affirmed this judgment, and we dismiss the appeal as

duplicative and untimely. 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

2