UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-7468

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

MICHAEL JAMES RHOAD,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Alexandria. T. S. Ellis, III, District Judge. (CR-91-490-A, CA-95-1008-AM)

Submitted: January 23, 1997 Decided: February 5, 1997

Before RUSSELL, WILKINS, and WILLIAMS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Michael James Rhoad, Appellant Pro Se. Nash Whitney Schott, Assis- tant United States Attorney, Alexandria, Virginia, 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Unpublished opinions are not binding precedent in this circuit.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. Rhoad, Nos. CR-91-490-A; CA-95-1008-AM (E.D. Va. June 20, 1996). Because this

appeal presents no complex issues, we deny Appellant's motion for

appointment of counsel. We dispense with oral argument because the facts and legal contentions are adequately presented in the mate-

rials before the court and argument would not aid the decisional

process.

DISMISSED

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