UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-7583

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

ASNORALDO VIAFARA, a/k/a Asnoraldo Viafara Cundumi,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Alexandria. James C. Cacheris, Senior Dis- trict Judge. (CR-96-86-A, CA-96-1845-AM)

Submitted: October 20, 1998 Decided: November 3, 1998

Before ERVIN and MOTZ, Circuit Judges, and HALL, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Asnoraldo Viafara, Appellant Pro Se. Rebeca Hidalgo Bellows, As- sistant United States Attorney, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Appellant 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. Accordingly, we deny a certificate of ap-

pealability and dismiss the appeal on the reasoning of the district

court. United States v. Viafara, Nos. CR-96-86-A; CA-96-1845-AM

(E.D. Va. Sept. 23, 1997). We dispense with oral argument because

the facts and legal contentions are adequately presented in the ma-

terials before the court and argument would not aid the decisional

process.

DISMISSED

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