UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-6184

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus SAMUEL DEWITT MCCOTTER, Defendant - Appellant.

No. 96-6383

SAMUEL DEWITT MCCOTTER, Petitioner - Appellant, versus WILLIE SCOTT, Respondent - Appellee.

Appeals from the United States District Court for the Eastern Dis- trict of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (CR-90-27, CA-95-104-BO, CA-95-953-BO) Submitted: August 20, 1996 Decided: September 10, 1996 Before MURNAGHAN and HAMILTON, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Samuel DeWitt McCotter, Appellant Pro Se. Fenita Talore Morris, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Appellant appeals from the district court's order denying his 28 U.S.C. § 2255 (1988) and 28 U.S.C. § 2241 (1988) motions. We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. United States v. McCotter, Nos. CR-90-27; CA-95- 104-BO; McCotter v. Scott, No. CA-95-953-BO (E.D.N.C. Dec. 8, 1995; Feb. 12, 1996). 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.

AFFIRMED