UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 95-7155

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

BEAUTANOUS COOR, a/k/a Boot,

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-92-72, CA-95-654)

Submitted: December 17, 1996 Decided: January 14, 1997

Before HALL, LUTTIG, and WILLIAMS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Beautanous Coor, Appellant Pro Se. Stephen Aubrey West, Assistant United States Attorney, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Beautanous Coor appeals the district court's order denying his

motion filed under

(1994), amended by Antiter- rorism and Effective Death Penalty Act of 1996,

Stat. 1214. We previously placed this appeal in abeyance pend-

ing our decision in United States v. McHan, No. 94-5464,

(4th Cir. Dec. 4, 1996). We held in McHan that claims that

criminal prosecutions which follow civil forfeitures are barred by

the Double Jeopardy Clause are foreclosed under the Supreme Court's

recent decision in United States v. Ursery, ___ U.S. ___,

(U.S. June 24, 1996) (Nos. 95-345/346). See McHan,

slip. op. at 16. Because Coor's appeal is based on this discredited

contention, we affirm the order of the district court. We dispense

with oral argument because the facts and legal contentions are ade- quately presented in the materials before the court and argument

would not aid the decisional process.

AFFIRMED

2