UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-6680

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

KEITH ALAN KIRK,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Raleigh. James C. Fox, Chief District Judge. (CR-90-107, CA-95-1057-5-F)

Submitted: December 19, 1996 Decided: December 31, 1996

Before ERVIN and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Keith Alan Kirk, Appellant Pro Se. Charles Edwin Hamilton III, 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Unpublished opinions are not binding precedent in this circuit.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 appeals the district court's order denying his mo-

tion 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. Accordingly, we deny the

motion for discovery to supplement the record and affirm on the

reasoning of the district court. United States v. Kirk, Nos. CR-90- 107; CA-95-1057-5-F (E.D.N.C. Apr. 3, 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

2