UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-7319

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

LARRY RAY BROWN,

Defendant - Appellant.

Appeal from the United States District Court for the Western Dis- trict of Virginia, at Roanoke. Jackson L. Kiser, Senior District Judge. (CR-95-79, CA-96-1020-R)

Submitted: January 15, 1998 Decided: January 28, 1998

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

Dismissed by unpublished per curiam opinion.

Larry Ray Brown, Appellant Pro Se. Donald Ray Wolthuis, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Appellant appeals from the district court's order denying his

(West 1994 & Supp. 1997) motion. We have re-

viewed the record and the district court's opinion and find no

reversible error. Accordingly, although we grant leave to proceed

in forma pauperis, we deny a certificate of appealability and dismiss on the reasoning of the district court. United States v. Brown, Nos. CR-95-79; CA-96-1020-R (W.D. Va. Aug. 29, 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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