UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-7233

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

BILLY MACK BUFF,

Defendant - Appellant.

Appeal from the United States District Court for the Western Dis- trict of North Carolina, at Shelby. Malcolm J. Howard, District Judge. (CR-93-12-SH)

Submitted: October 29, 1996 Decided: January 13, 1997

Before WIDENER, NIEMEYER, and LUTTIG, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Billy Mack Buff, Appellant Pro Se. Jerry Wayne Miller, OFFICE OF THE 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Unpublished opinions are not binding precedent in this circuit.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 for relief from a fine imposed as part of his sentence

on his criminal conviction. The motion is properly construed as one

under

(1994), amended by Antiterrorism and Effec- tive Death Penalty Act of 1996,

Stat.

1214. We have reviewed the record and find that Appellant's noncon-

stitutional claims which were not raised on direct appeal may not

be asserted on collateral review. Stone v. Powell,

,

477 n.10 (1976). Accordingly, we deny a certificate of appealabil-

ity and dismiss the appeal. United States v. Buff, No. CR-93-12-SH (W.D.N.C. July 10, 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 deci- sional process.

DISMISSED

2