UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-7567

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

KEVIN JULIUS SCOTT,

Defendant - Appellant.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Marvin J. Garbis, District Judge. (CR-88- 394, CA-97-2050-MJG)

Submitted: February 12, 1998 Decided: March 4, 1998

Before MURNAGHAN and WILLIAMS, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Cheryl Johns Sturm, for Appellant. Katherine Jacobs Armentrout, Assistant United States Attorney, Baltimore, Maryland, 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Unpublished opinions are not binding precedent in this circuit.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 and dismiss the appeal on the reasoning of the district court. United States v. Scott, Nos. CR-88-394; CA-97-2050-MJG (D. Md. Oct. 8, 1997). Our decision intimates nothing about the retro-

activity of the one-year limitations period imposed by the Antiter-

rorism and Effective Death Penalty Act of 1996,

(West Supp. 1997), since Appellant filed this action over one year

after the effective date of the statute. 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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