UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-6657

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

CLAUDE ERIC OLIVER,

Defendant - Appellant.

Appeal from the United States District Court for the Western Dis- trict of North Carolina, at Asheville. Lacy H. Thornburg, District Judge. (CR-94-103, CA-97-80-1)

Submitted: October 7, 1997 Decided: October 24, 1997

Before NIEMEYER and WILLIAMS, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Howard Jay Manchel, Atlanta, Georgia, for Appellant. Deborah Ann Ausburn, Assistant United States Attorney, Asheville, North Caro- lina, 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Unpublished opinions are not binding precedent in this circuit.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).

We have reviewed the record and the district court's opinion and

find no reversible error. Appellant has failed to show that, but

for counsel's alleged error, he would not have pleaded guilty. See Hill v. Lockhart,

(1985). Accordingly, we deny a

certificate of appealability and dismiss the appeal. We dispense

with oral argument because the facts and legal contentions are ade-

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

DISMISSED

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