UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-7565

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

HAROLD EUGENE BOOKER,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Norfolk. Rebecca B. Smith, District Judge. (CR-93-81)

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

Before MURNAGHAN and LUTTIG, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Harold Eugene Booker, Appellant Pro Se. Michael R. Smythers, As- sistant United States Attorney, William David Muhr, OFFICE OF THE UNITED STATES ATTORNEY, Norfolk, Virginia, 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Unpublished opinions are not binding precedent in this circuit.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. Booker, No. CR-93-81 (E.D. Va. Oct. 14, 1997). 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 mate-

rials before the court and argument would not aid the decisional process.

AFFIRMED

* To the extent Appellant also appeals the district court's order denying his Fed. R. Civ. P. 59(e) motion, we likewise affirm that order. See Temkin v. Frederick County Comm’r ,

(4th Cir. 1991).

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