UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-7049

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

JIMMY LAWRENCE NANCE,

Defendant - Appellant.

Appeal from the United States District Court for the Western Dis- trict of Virginia, at Roanoke. James C. Turk, District Judge. (CR-92-135-R, CA-97-473-R)

Submitted: September 25, 1997 Decided: October 10, 1997

Before LUTTIG, MICHAEL, and MOTZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Jimmy Lawrence Nance, Appellant Pro Se. Thomas Linn Eckert, Assis- tant United States Attorney, Roanoke, 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Unpublished opinions are not binding precedent in this circuit.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

without prejudice his motion filed under

(West

1994 & Supp. 1997). We have reviewed the record and the district

court's opinion and find no reversible error. Accordingly, we deny

Appellant's motions for appointment of counsel, for preparation of a transcript at government expense, for general relief, and to pre-

clude the Assistant United States Attorney from these proceedings,

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

reasoning of the district court. United States v. Nance, Nos. CR- 92-135-R; CA-97-473-R (W.D. Va. July 9, 1997). We dispense with

oral argument because the facts and legal contentions are adequate-

ly presented in the materials before the court and argument would not aid the decisional process.

DISMISSED

2