UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-7316

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

OSTER WITHERSPOON, a/k/a Little Man,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Charleston. Solomon Blatt, Jr., Senior District Judge. (CR-91-288, CA-96-3536-8-2)

Submitted: November 19, 1998 Decided: December 3, 1998

Before HAMILTON and WILLIAMS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Oster Witherspoon, Appellant Pro Se. Robert Hayden Bickerton, As- sistant United States Attorney, Charleston, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Oster Witherspoon 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 cer-

tificate of appealability and dismiss the appeal on the reasoning

of the district court. United States v. Witherspoon, Nos. CR-91-

288; CA-96-3536-8-2 (D.S.C. Aug. 21, 1998). We dispense 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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