UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-6865

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, CA-97-399-R)

Submitted: September 25, 1997 Decided: October 9, 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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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 28 U.S.C.A. § 2255 (West 1994 & Supp. 1997). 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 rea- soning of the district court. United States v. Nance, Nos. CR-92- 135; CA-97-399-R (W.D. Va. June 5, 1997). We deny Appellant's motion to consolidate and 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