UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-7335

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

HERBERT PERRY DIXON, JR.,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Norfolk. Robert G. Doumar, Senior District Judge. (CR-93-153, CA-96-36)

Submitted: November 20, 1997 Decided: December 9, 1997

Before MURNAGHAN, MICHAEL, and MOTZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Herbert Perry Dixon, Jr., Appellant Pro Se. Michael James Cummings, COMMONWEALTH'S ATTORNEY'S OFFICE, Virginia Beach, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Appellant appeals the district court's order denying his

motion filed under

(1994) (current version at

(West 1994 & Supp. 1997)). We have reviewed the

record and the district court's opinion and find no reversible

error. Accordingly, we affirm on the reasoning of the district court. United States v. Dixon, Nos. CR-93-153; CA-96-36 (E.D. Va. May 3, 1996). See Lindh v. Murphy,

,

(U.S. June 23, 1997) (No. 96-6298). 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 deci- sional process.

AFFIRMED

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