UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-7597 HAROLD EVANS, Plaintiff - Appellant, versus

UNITED STATES OF AMERICA, Defendant - Appellee. Appeal from the United States District Court for the Western

District of Virginia, at Roanoke. James P. Jones, District Judge.

(CR-99-6)

Submitted: January 23, 2003 Decided: April 4, 2003

Before NIEMEYER, MICHAEL, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Harold Evans, Appellant Pro Se. Rick A. Mountcastle, OFFICE OF THE

UNITED STATES ATTORNEY, Abingdon, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM

Harold Evans seeks to appeal the district court§ 2255 (2000).

We have reviewed the record and conclude on the reasoning of the district court that Evans has not made a substantial showing of the denial of a constitutional right. See United States v. Evans , No. CR-99-6 (W.D. Va. Aug. 20, 2002). Accordingly, we deny a certificate of appealability and dismiss the appeal. See 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