UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-7035

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

TERRY PRESTON ADAMS,

Defendant - Appellant.

Appeal from the United States District Court for the Western Dis- trict of North Carolina, at Statesville. Graham C. Mullen, Dis- trict Judge. (CR-91-11-ST-MU, CA-94-83-5-MU)

Submitted: January 9, 1997 Decided: January 23, 1997

Before HALL and MICHAEL, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Robert J. Breimann, Jr., STREET, STREET, STREET, SCOTT & BOWMAN, Grundy, Virginia, for Appellant. Harry Thomas Church, Assistant United States Attorney, Charlotte, 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Unpublished opinions are not binding precedent in this circuit.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

reasoning of the district court. United States v. Adams, Nos. CR- 91-11-ST-MU; CA-94-83-5-MU (W.D.N.C. May 31, 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