UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-6946

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

HERBERT COUNCIL,

Defendant - Appellant.

Appeal from the United States District Court for the Western Dis- trict of North Carolina, at Charlotte. Robert D. Potter, Senior District Judge. (CR-92-97-P, CA-97-208-P)

Submitted: August 27, 1998 Decided: September 18, 1998

Before NIEMEYER and HAMILTON, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Herbert Council, Appellant Pro Se. Harry Thomas Church, Assistant United States Attorney, Charlotte, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Herbert Council seeks to appeal the district court’s order de-

nying his motion filed under

(West 1994 & Supp.

1998). We have reviewed the record and the district court’s opinion

and find no reversible error. Accordingly, we deny Council’s motion

for appointment of counsel, deny a certificate of appealability,

and dismiss the appeal on the reasoning of the district court.

United States v. Council, Nos. CR-92-97-P; CA-97-208-P (W.D.N.C.

Apr. 29, 1998). 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 decisional process.

DISMISSED

2