UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-6731

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

THEODORE HOWZE,

Defendant - Appellant.

Appeal from the United States District Court for the Western Dis- trict of North Carolina, at Charlotte. Robert D. Potter, Senior District Judge. (CR-92-30-P, CA-95-432-3-P)

Submitted: October 3, 1996 Decided: October 15, 1996

Before ERVIN, LUTTIG, and MICHAEL, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Theodore Howze, Appellant Pro Se. Kenneth Davis Bell, 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Unpublished opinions are not binding precedent in this circuit.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:

Appellant appeals from the district court's order denying his

(1994), amended by Antiterrorism and Effective Death Penalty Act of 1996,

Stat. 1214,

motion. We have reviewed the record and the district court's opin-

ion and find no reversible error. Accordingly, we affirm on the

reasoning of the district court. United States v. Howze, Nos. CR-

92-30-P; CA-95-432-3-P (W.D.N.C. Mar. 14, 1996). We dispense with

oral argument because the facts and legal contentions are adequate-

ly presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED

2