UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-7055

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

JUSTO ENRIQUE JAY,

Defendant - Appellant.

No. 98-7215

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

JUSTO ENRIQUE JAY,

Defendant - Appellant.

Appeals from the United States District Court for the Western District of North Carolina, at Charlotte. Robert D. Potter, Senior District Judge. (CR-88-20-C, CR-88-21, CA-97-202-P)

Submitted: October 8, 1998 Decided: October 27, 1998 Before WIDENER, NIEMEYER, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

William F.W. Massengale, MASSENGALE & OZER, Chapel Hill, North Carolina; John Kenneth Zwerling, ZWERLING & KEMLER, Alexandria, Virginia, for Appellant. Kenneth Davis Bell, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

2 PER CURIAM:

Appellant seeks to appeal the district court’s order denying

his motions filed under

(1994) and

(1994) and the district court’s order denying Appellant’s

motion to issue a certificate of appealability. We have reviewed

the record and the district court’s opinion and find no reversible

error. Accordingly, we deny a certificate of appealability and

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

States v. Jay, Nos. CR-88-20-C; CR-88-21; CA-97-202-P (W.D.N.C. May

12 & July 21, 1998). We therefore dismiss Appellant’s appeal of the

district court’s order denying his motion to issue a certificate of

appealability as moot. 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

3