UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-6855

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

LUIS CARBARCAS-A, a/k/a Lucho,

Defendant - Appellant.

Appeal from the United States District Court for the Western Dis- trict of North Carolina, at Charlotte. Robert D. Potter, Senior District Judge. (CR-85-62-C, CA-95-436-3-P)

Submitted: December 30, 1997 Decided: January 15, 1998

Before MICHAEL and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Cheryl Johns Sturm, Westtown, Pennsylvania, for Appellant. Frank DeArmon Whitney, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, 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Unpublished opinions are not binding precedent in this circuit.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. Carbarcas-A, Nos. CR-85-62-C; CA-95-436-3-P (W.D.N.C. Apr. 16, 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 decisional process.

AFFIRMED

2