UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 95-7479

PHILLIP WITHERSPOON,

Petitioner - Appellant,

versus

EARL BESHEARS, Warden; ATTORNEY GENERAL OF THE STATE OF MARYLAND,

Respondents - Appellees.

Appeal from the United States District Court for the District of Maryland, at Baltimore. J. Frederick Motz, Chief District Judge. (CA-95-1103-JFM)

Submitted: September 24, 1996 Decided: October 15, 1996

Before WIDENER, NIEMEYER, and MICHAEL, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Phillip Witherspoon, Appellant Pro Se. John Joseph Curran, Jr., Attorney General, Ann Norman Bosse, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

relief on his petition filed pursuant

(1988), as amended by Antiterrorism and Effective Death Penalty Act of 1996,

Stat. 1214. 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.

Witherspoon v. Beshears, No. CA-95-1103-JFM (D. Md. Aug. 30, 1995).

We further deny Appellant's request for appointed counsel. We grant

Appellant's request for leave to supplement the record on appeal.

We dispense with oral argument because the facts and legal conten- tions are adequately presented in the materials before the court

and argument would not aid the decisional process.

AFFIRMED

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