UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-6906

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

DONALD EDWARD HALE,

Defendant - Appellant.

Appeal from the United States District Court for the Western Dis- trict of Virginia, at Abingdon. Samuel G. Wilson, Chief District Judge. (CR-95-36, CA-97-427-R)

Submitted: October 10, 1997 Decided: January 9, 1998

Before WILKINS and MOTZ, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Donald Edward Hale, Appellant Pro Se. Steven Randall Ramseyer, OFFICE OF THE UNITED STATES ATTORNEY, Abingdon, Virginia, 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Unpublished opinions are not binding precedent in this circuit.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. Hale, Nos. CR-95-36; CA-97-427-R (W.D. Va. June 17, 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

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