UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-6173

JACKIE MCKUBBIN, a/k/a Jack,

Plaintiff - Appellant,

versus

UNITED STATES OF AMERICA,

Defendant - Appellee.

Appeal from the United States District Court for the Western Dis- trict of North Carolina, at Charlotte. Richard L. Voorhees, Chief District Judge. (CR-95-5-V, CA-96-129-3-V)

Submitted: August 28, 1997 Decided: September 16, 1997

Before WILKINS, WILLIAMS, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Jackie McKubbin, Appellant Pro Se. Gretchen C.F. Shappert, As- sistant 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Unpublished opinions are not binding precedent in this circuit.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

(West 1994 & Supp. 1997),

and denying his motion for reconsideration. We have reviewed the

record and the district court's opinion and find no reversible

error. Accordingly, we deny Appellant's motion for appointment of counsel, grant his motion to hear the appeal on the original rec-

ord, deny a certificate of appealability and dismiss the appeal on

the reasoning of the district court. McKubbin v. United States, Nos. CR-95-5-V; CA-96-129-3-V (W.D.N.C. Nov. 8, 1996; Jan. 22,

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

2