UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-6109

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus GLENN FAIRCLOTH, Defendant - Appellant.

Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Raleigh. W. Earl Britt, District Judge. (CR-95-87-BR, CA-96-964-5)

Submitted: March 27, 1997 Decided: April 4, 1997

Before RUSSELL, LUTTIG, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Glenn Faircloth, Appellant Pro Se. John Eric Evenson, II, Assis- tant 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Unpublished opinions are not binding precedent in this circuit.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 seeks to appeal the district court's orders (1) de- nying his motion filed under 28 U.S.C. § 2255 (1994), amended by Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, 110 Stat. 1214, and (2) denying his motion for reconsid- eration. We have reviewed the record and the district court's opinion and find no reversible error and no abuse of discretion.

Accordingly, we deny Appellant's motion for bail, deny a certifi- cate of appealability, and dismiss the appeal on the reasoning of the district court. United States v. Faircloth, Nos. CR-95-87-BR; CA-96-964-5 (E.D.N.C. Jan. 9, 1997). 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