UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-7291

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

COOPER JUNIOR PERNELL,

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-92-179, CA-96-285)

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

Before MURNAGHAN, NIEMEYER, and LUTTIG, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Cooper Junior Pernell, Appellant Pro Se. James Michael Sullivan, Assistant 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Unpublished opinions are not binding precedent in this circuit.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 seeks to appeal the district court's order denying

as frivolous his motion filed 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.

Further, we find this appeal to be frivolous. Accordingly, we deny

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

soning of the district court. United States v. Pernell, Nos. CR-92-

179; CA-96-285 (W.D.N.C. July 18, 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.

DISMISSED

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