UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-6907

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

STEVE SILVER,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Raleigh. W. Earl Britt, District Judge. (CR-95-110-BR, CA-97-209-5-BR)

Submitted: December 11, 1997 Decided: December 30, 1997

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

Dismissed by unpublished per curiam opinion.

Steve Silver, 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Unpublished opinions are not binding precedent in this circuit.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 motions filed under FED. R. CRIM. P. 35(a), and

(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 appealability and dismiss the appeal on

the reasoning of the district court. United States v. Silver, Nos.

CR-95-110-BR; CA-97-209-5-BR (E.D.N.C. May 23, 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

2