UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-6805

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

HAROLD SMITH, JR.,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Greenville. G. Ross Anderson, Jr., District Judge. (CR-85-166, CA-99-800-13)

Submitted: November 4, 1999 Decided: November 29, 1999

Before NIEMEYER, MICHAEL, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Harold Smith, Jr., Appellant Pro Se. William Corley Lucius, As- sistant United States Attorney, Greenville, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Harold Smith, Jr., seeks to appeal the district court’s order

denying his motion filed under

(West Supp.

1999). We have reviewed the record and the district court’s opin-

ion and find no reversible error. Accordingly, we deny a certif-

icate of appealability and dismiss the appeal on the reasoning of

the district court. See United States v. Smith, Nos. CR-85-166;

CA-99-800-13 (D.S.C. Apr. 9, 1999). We deny Smith leave to proceed

in forma pauperis and also deny Smith’s motion for transcript at

government expense. 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

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