
    UNITED STATES of America, Plaintiff-Appellee, v. Jose R. RUBIO, Defendant-Appellant.
    No. 02-6809.
    United States Court of Appeals, Fourth Circuit.
    Submitted Oct. 10, 2002.
    Decided Oct. 17, 2002.
    Jose R. Rubio, Appellant Pro Se. Thomas More Hollenhorst, Assistant United States Attorney, Alexandria, Virginia, for Appellee.
    Before WILLIAMS, KING, and GREGORY, Circuit Judges.
    Dismissed by unpublished PER CURIAM opinion.
   PER CURIAM.

Jose R. Rubio seeks to appeal the district court’s order denying his motion filed under 28 U.S.C. § 2255 (2000). We have reviewed the record and conclude for the reasons stated by the district court that Rubio has not made a substantial showing of the denial of a constitutional right. See United States v. Rubio, Nos. CR-00-420; CA-02-229-A (E.D.Va. Feb. 22, 2002). Accordingly, we deny Rubio’s motion for 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.  