UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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