UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-7218

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

TERRY WARREN UPCHURCH,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Newport News. Henry C. Morgan, Jr., District Judge. (CR-95-26, CA-97-39)

Submitted: February 26, 1998 Decided: March 18, 1998

Before WILKINS, NIEMEYER, and HAMILTON, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Terry Warren Upchurch, Appellant Pro Se. Janet S. Reincke, 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Unpublished opinions are not binding precedent in this circuit.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 seeks to appeal the district court's orders denying

his motion filed under

(West 1994 & Supp. 1997).

We have reviewed the record and the district court's opinions 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. Upchurch, Nos. CR-95-26; CA-97-39 (E.D. Va. Apr. 30, 1997 & Aug. 8, 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 deci- sional process.

DISMISSED

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