UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-6512

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

FRED JACOBS,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (CR-91-57-BO, CA-96-28-7-BO)

Submitted: November 26, 1996 Decided: January 13, 1997

Before WILKINS, HAMILTON, and WILLIAMS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Fred Jacobs, 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Unpublished opinions are not binding precedent in this circuit.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 from the district court's order dismissing

his motion brought under

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

132,

. We affirm.

Appellant pled guilty to conspiracy to distribute cocaine in

violation of

(1994). He now claims that the prose-

cutor entered false evidence regarding previous crimes, resulting

in his being improperly sentenced as a career offender under United States Sentencing Commission, Guidelines Manual, § 4B1.1 (1992).

Notwithstanding the possibility that Appellant has waived his right

to attack his sentence, we find that his claim is meritless. Ac-

cording to the information contained in Appellant's pre-sentence report, Appellant was over the age of eighteen when he committed

the instant drug offense and he had two prior offenses fitting the

categories prescribed by § 4B1.1 as defined by § 4B1.2. According- ly, we find that he was properly sentenced as a career offender and

that the prosecution presented no false evidence of his prior

offenses. We therefore affirm the district court's dismissal of his

motion. 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

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