UNITED STATES of America, Plaintiff-Appellee, v. Jose R. RUBIO, Defendant-Appellant, 48 F. App'x 86

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.