UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-7865

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

MERRITT AVERY JOHNSON,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior District Judge. (CR-92-508-A, CA-96-1300-AM)

Submitted: August 18, 1998 Decided: October 22, 1998

Before MURNAGHAN, HAMILTON, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Merritt Avery Johnson, Appellant Pro Se. Marcus John Davis, Assis- tant United States Attorney, Alexandria, Virginia; Andrew Gerald McBride, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Merritt Avery Johnson seeks to appeal the district court’s

order denying his motion filed under

(West 1994

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

opinion and find no reversible error. The evidence was sufficient

to find that Johnson “carried” a firearm under

(c)(1) (West 1994 & Supp. 1998). See Muscarello v. United

States,

(U.S. June 8, 1998) (Nos. 96-1654, 96-8837);

United States v. Mitchell,

(4th Cir. 1997).

Accordingly, we deny a certificate of appealability and dismiss the

appeal on the reasoning of the district court. United States v.

Johnson, Nos. CR-92-508-A; CA-96-1300-AM (E.D. Va. Nov. 15, 1996).

Johnson’s motion to file a pro se supplemental brief is denied. We

dispense with oral argument because the facts and legal contentions

are adequately set forth in the materials before the court and

argument would not aid the decisional process.

DISMISSED

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