UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-6200

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus

ALAN WAYNE POTTER, Defendant - Appellant.

Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Wilmington. James C. Fox, District Judge. (CR-93-35, CA-97-72-7-F)

Submitted: March 26, 1998 Decided: April 9, 1998

Before WIDENER and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Alan Wayne Potter, Appellant Pro Se. Fenita Morris Shepard, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North 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Unpublished opinions are not binding precedent in this circuit.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 28 U.S.C.A. § 2255 (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 appealability and dismiss the appeal on the reasoning of the dis- trict court. United States v. Potter, Nos. CR-93-35; CA-97-72-7-F (E.D.N.C. Dec. 10, 1997). We dispense with oral argument because the facts and legal contentions are adequately presented in the ma- terials before the court and argument would not aid the decisional process.

DISMISSED