UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-6156

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus

THEODORE O. LOFTIN, Defendant - Appellant.

Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Raleigh. Malcolm J. Howard, District Judge. (CR-91-58-H)

Submitted: June 17, 1998 Decided: July 13, 1998

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

Affirmed by unpublished per curiam opinion.

Theodore O. Loftin, Appellant Pro Se. Anne Margaret Hayes, 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Unpublished opinions are not binding precedent in this circuit.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: Theodore O. Loftin appeals the district court’s order denying his motion filed under 28 U.S.C. § 2255 (1994) (current version at 28 U.S.C.A. § 2255 (West 1994 & Supp. 1998)).* 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. Loftin, No. CR-91-58-H (E.D.N.C. Jan. 4, 1996). See Lindh v. Murphy, 521 U.S. ___, 65 U.S.L.W. 4557 (U.S. June 23, 1997) (No. 96-6298). The motions to appoint counsel and to amend pleadings are denied. 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

* Although Loftin styled his motion a motion for modification of sentence, see 28 U.S.C. § 3582 (West 1994), it is more properly construed as one brought pursuant to 28 U.S.C.A. § 2255.