UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-6401

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus

ROBERT LEWIS FALLS, a/k/a Robert Falls, Defendant - Appellant.

Appeal from the United States District Court for the Western Dis- trict of Virginia, at Roanoke. James C. Turk, District Judge. (CR-93-5, CA-96-945-R)

Submitted: October 20, 1997 Decided: October 29, 1997

Before HALL and MURNAGHAN, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Robert Lewis Falls, Appellant Pro Se. Ray B. Fitzgerald, Jr., OFFICE OF THE UNITED STATES ATTORNEY, Charlottesville, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Robert Falls seeks to appeal the district court's order and order on reconsideration denying 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. Accord- ingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. United States v. Falls, Nos. CR-93-5; CA-96-945-R (W.D. Va. Feb. 18, 1997; Jan. 21, 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