UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-6557

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

ROCKY D. SPENCER,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Norfolk. Robert G. Doumar, Senior District Judge. (CR-94-68, CA-95-296-2)

Submitted: January 14, 1997 Decided: January 28, 1997

Before HAMILTON, LUTTIG, and WILLIAMS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Rocky D. Spencer, Appellant Pro Se. David Glenn Barger, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Appellant appeals the district court's order denying his mo-

tion filed under

(1994), amended by Antiterrorism and Effective Death Penalty Act of 1996,

Stat. 1214. We have reviewed the record and the district court's

opinion and find no reversible error. Accordingly, we affirm on the

reasoning of the district court. United States v. Spencer, Nos. CR-

94-68; CA-95-296-2 (E.D. Va. Mar. 27, 1995). 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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