UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-7242

DAVID KYLE HAIRSTON,

Petitioner - Appellant,

versus

COMMONWEALTH OF VIRGINIA,

Respondent - Appellee.

Appeal from the United States District Court for the Western Dis- trict of Virginia, at Roanoke. Samuel G. Wilson, Chief District Judge. (CA-99-302-7)

Submitted: December 16, 1999 Decided: December 22, 1999

Before MURNAGHAN and MOTZ, Circuit Judges, and BUTZNER, Senior Cir- cuit Judge.

Dismissed by unpublished per curiam opinion.

David Kyle Hairston, Appellant Pro Se. Linwood Theodore Wells, Jr., Assistant Attorney General, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

David Kyle Hairston appeals the district court’s final order

denying relief on his petition filed under

(West

1994 & Supp. 1999). We have reviewed the record and the district

court's memorandum opinion and find no reversible error. Ac-

cordingly, we deny a certificate of appealability and dismiss the

appeal on the reasoning of the district court. See Hairston v.

Virginia, No. CA-99-302-7 (W.D. Va. July 23, 1999). 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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