UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-6404

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

PAUL DARNELL KEARNEY,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Richmond. Richard L. Williams, Senior Dis- trict Judge. (CR-91-122-R, CA-96-66-3)

Submitted: October 22, 1996 Decided: November 15, 1996

Before HAMILTON, LUTTIG, and WILLIAMS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Paul Darnell Kearney, Appellant Pro Se. Andrew Gerald McBride, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Appellant appeals the district court's order denying his mo-

tion under

(1994), 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 reason-

ing of the district court. United States v. Kearney, Nos. CR-91-

122-R; CA-96-66-3 (E.D. Va. Mar. 1, 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

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