UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-6869

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

DAVID ZIMMERMAN HESS, JR.,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Charleston. David C. Norton, District Judge. (CR-92-15, CA-97-968-18-2)

Submitted: September 30, 1998 Decided: October 20, 1998

Before ERVIN, LUTTIG, and WILLIAMS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

David Zimmerman Hess, Jr., Appellant Pro Se. Robert Hayden Bicker- ton, Assistant United States Attorney, Charleston, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

David Zimmerman Hess, Jr., seeks to appeal the district

court’s orders denying his motion filed under 28 U.S.C.A.§ 2255

(West 1994 & Supp. 1998) and motion for reconsideration. We have

reviewed the record and the district court’s opinions and find no

reversible error. Accordingly, we deny a certificate of appealabil-

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

United States v. Hess, Nos. CR-92-15; CA-97-968-18-2 (D.S.C. Jan.

27, 1998; May 27, 1998). We dispense with oral argument because the

facts and legal contentions are adequately presented in the mate-

rials before the court and argument would not aid the decisional

process.

DISMISSED

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