UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-6593

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

GEORGE GLYMPH, d/b/a Specifications and Stan- dards, Inc.,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Columbia. Dennis W. Shedd, District Judge. (CR-94-776, CA-96-3790-3-19)

Submitted: July 8, 1997 Decided: January 22, 1998

Before MURNAGHAN, WILKINS, and HAMILTON, Circuit Judges.

Dismissed by unpublished per curiam opinion.

George Glymph, Appellant Pro Se. Eric William Ruschky, Assistant United States Attorney, Columbia, South 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Unpublished opinions are not binding precedent in this circuit.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 motion filed under

(West 1994 & Supp. 1997).

We have reviewed the record and find no reversible error. Appel-

lant is foreclosed from raising his sufficiency of evidence claim

because he litigated it on direct appeal and did not assert an intervening change in law that warrants reconsideration. See Davis v. United States,

(1974); Boeckenhaupt v. United

States,

(4th Cir. 1976). Further, because

Appellant failed to challenge the form of his indictment in his

direct appeal, he may not assert it in this collateral proceeding.

See Stone v. Powell,

, 477 n.10 (1976). Accordingly, we deny a certificate of appealability and dismiss the appeal. United

States v. Glymph, Nos. CR-94-776; CA-96-3790-3-19 (D.S.C. Apr. 16,

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