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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7117
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
WALTER LEE SADLER,
Defendant - Appellant.
No. 02-7408
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
WALTER LEE SADLER,
Defendant - Appellant.
Appeals from the United States District Court for the Western
District of North Carolina, at Charlotte. Richard L. Voorhees,
District Judge. (CR-95-134, CA-02-334-3-V)
Submitted:
November 7, 2002
Decided:
November 14, 2002
Before WILKINS and LUTTIG, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
No. 02-7117 affirmed and No. 02-7408 dismissed by unpublished per
curiam opinion.
Walter Lee Sadler, Appellant Pro Se. Brian Lee Whisler, OFFICE OF
THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
In these consolidated appeals, Walter Sadler contests both the
denial of several motions he filed following the issuance of a
warrant for his arrest for violations of his supervised release and
the dismissal without prejudice of his motion under 28 U.S.C.
2255 (2000) as successive.
For the following reasons, we affirm
the district courts orders in No. 02-7117 and dismiss the appeal
in No. 02-7408.
In No. 02-7117, Sadler challenges the denial of his motions
requesting
appointment
of
counsel,
bond
hearing,
and
the
dismissal of the supervised release violation charge. However, the
record indicates there was sufficient probable cause for the
district court to find Sadler violated his supervised release, to
issue a warrant for his arrest, to have him detained pending a
hearing on those charges.
because
Sadlers
the
district
request
for
See 18 U.S.C. 3606 (2000).
court
had
not
appointment
of
yet
scheduled
counsel
was
Further,
hearing,
premature.
Accordingly, we affirm the district courts order denying those
motions.
In No. 02-7408, Sadler seeks to appeal the district courts
order dismissing his 2255 motion filed subsequent to his arrest
for violating the terms of his supervised release. We have reviewed
the record and conclude for the reasons stated by the district
court that Sadler has not made a substantial showing of the denial
of a constitutional right.
See United States v. Sadler, Nos. CR-
95-134; CA-02-334-3-V (W.D.N.C. July 10, 2002). Accordingly, we
deny a certificate 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.
No. 02-7117 - AFFIRMED
No. 02-7408 - DISMISSED
