UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-6690

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

DAVID CATOLSTER,

Defendant - Appellant.

Appeal from the United States District Court for the Western Dis- trict of North Carolina, at Bryson City. Lacy H. Thornburg, Dis- trict Judge. (CR-95-30, CA-97-94-2)

Submitted: December 11, 1997 Decided: December 24, 1997

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

Dismissed by unpublished per curiam opinion.

David Catolster, Appellant Pro Se. Deborah Ann Ausburn, Assistant United States Attorney, Asheville, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

David Catolster 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 cer-

tificate of appealability and dismiss the appeal on the reasoning of the district court. United States v. Catolster, Nos. CR-95-30; CA-97-94-2 (W.D.N.C. Apr. 30, 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 deci- sional process.

DISMISSED

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