UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-6965

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

CLAUDIO MELLA-MEZON, a/k/a David Orlando Reyes-Delance, a/k/a David Frias, a/k/a Eddy Nicholas Frias-Asercio, a/k/a Chico,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Wilmington. James C. Fox, Chief Dis- trict Judge. (CR-92-9, CA-97-58-7-F)

Submitted: October 7, 1997 Decided: November 21, 1997

Before HALL and NIEMEYER, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Claudio Mella-Mezon, Appellant Pro Se. Robert Edward Skiver, Assistant United States Attorney, Raleigh, 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Unpublished opinions are not binding precedent in this circuit.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).

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

find no reversible error. Accordingly, we deny a certificate of ap-

pealability and dismiss the appeal on the reasoning of the district court. United States v. Mella-Mezon, Nos. CR-92-9; CA-97-58-7-F (E.D.N.C. June 3, 1997). We 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

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