UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-7106

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

GERBER NESTALIA VILLALOBOS, a/k/a Herbert,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Alexandria. T.S. Ellis, III, District Judge. (CR-95-227-A, CA-98-311-1-AM)

Submitted: November 5, 1998 Decided: November 23, 1998

Before ERVIN, LUTTIG, and MOTZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Gerber Nestalia Villalobos, Appellant Pro Se. James L. Trump, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Gerber Nestalia Villalobos 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 appealability and dismiss the appeal on

the reasoning of the district court. United States v. Villalobos,

Nos. CR-95-227-A; CA-98-311-1-AM (E.D. Va. June 29, 1998). We dis-

pense with oral argument because the facts and legal contentions

are adequately presented in the materials before the court and

argument would not aid the decisional process.

DISMISSED

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