UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-6264

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus

GEORGE E. CARTER, a/k/a George E. White, a/k/a James White, a/k/a Theodore Rosevelt, Defendant - Appellant.

Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Alexandria. James C. Cacheris, Senior Dis- trict Judge. (CR-86-252, CA-98-151-AM)

Submitted: April 16, 1998 Decided: May 4, 1998

Before WILKINS and HAMILTON, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

George E. Carter, Appellant Pro Se. David Shepardson Cayer, Assis- tant United States Attorney, Alexandria, 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Unpublished opinions are not binding precedent in this circuit.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 order denying his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1997).

We find that Appellant's motion was not timely filed in the dis- trict court. See 28 U.S.C.A. § 2255. Accordingly, we deny a certif- icate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequate- ly presented in the materials before the court and argument would not aid the decisional process.

DISMISSED