UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-6822

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

O'DELL SMITH,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Raleigh. W. Earl Britt, District Judge. (CR-93-3, CA-96-7-7-BR)

Submitted: December 12, 1996 Decided: December 19, 1996

Before MURNAGHAN, NIEMEYER, and LUTTIG, Circuit Judges.

Dismissed by unpublished per curiam opinion.

O'Dell Smith, Appellant Pro Se. Robert Edward Skiver, Assistant United States Attorney, 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Unpublished opinions are not binding precedent in this circuit.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 seeks to appeal the district court's order denying

his motion filed under

(1994), amended by Antiter- rorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-

132,

. We have reviewed the record and the district

court's opinion and find no reversible error. Accordingly, we deny

a certificate of appealability and dismiss the appeal on the rea-

soning of the district court. United States v. Smith, Nos. CR-93-3; CA-96-7-7-BR (E.D.N.C. May 13, 1996). We deny Appellant's motion

for appointment of counsel and dispense with oral argument because

the facts and legal contentions are adequately presented in the ma- terials before the court and argument would not aid the decisional

process.

DISMISSED

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