UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-7220

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

DANIEL THOMAS DEPEW,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Alexandria. T.S. Ellis, III, District Judge. (CR-90-17, CA-97-541-AM)

Submitted: December 16, 1997 Decided: January 13, 1998

Before WILKINS, HAMILTON, and MOTZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Daniel Thomas Depew, Appellant Pro Se. William Neil Hammerstrom, Jr., OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, 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Unpublished opinions are not binding precedent in this circuit.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, deny Appellant's motion for a certificate of probable cause to appeal, and dismiss the appeal on the reasoning of the

district court. United States v. Depew, No. CR-90-17; CA-97-541-AM (E.D. Va. Apr. 15, 1997). We deny Appellant's motion to appoint

counsel. 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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