UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-7645

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

GRADY WILLIAM POWERS,

Defendant - Appellant.

Appeal from the United States District Court for the Western Dis- trict of North Carolina, at Bryson City. William L. Osteen, Sr., District Judge. (CR-93-19)

Submitted: December 3, 1996 Decided: January 9, 1997

Before WILKINS, NIEMEYER, and WILLIAMS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Grady Williams Powers, Appellant Pro Se. Deborah Ann Ausburn, Assistant United States Attorney, Asheville, 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Unpublished opinions are not binding precedent in this circuit.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 and on the ground that the appeal is

frivolous. United States v. Powers, No. CR-93-19 (W.D.N.C. Oct. 11,

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

2