UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-7652

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

FREDERICK RAY LINEBERGER,

Defendant - Appellant.

Appeal from the United States District Court for the Western Dis- trict of North Carolina, at Shelby. Richard L. Voorhees, Chief District Judge. (CR-93-90, CA-96-19-4-V)

Submitted: March 12, 1998 Decided: April 24, 1998

Before LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Frederick Ray Lineberger, Appellant Pro Se. Thomas Richard Ascik, OFFICE OF THE UNITED STATES ATTORNEY, Asheville, 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Unpublished opinions are not binding precedent in this circuit.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

(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. Lineberger, Nos. CR-93-90; CA-96-19-4-V (W.D.N.C. Sept. 29, 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.

AFFIRMED

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