UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-7239

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

FRED SHORES, JR.,

Defendant - Appellant.

Appeal from the United States District Court for the Western Dis- trict of North Carolina, at Statesville. Graham C. Mullen, Chief District Judge. (CR-90-49, CA-97-146-5-MU)

Submitted: January 7, 1999 Decided: January 19, 1999

Before WIDENER,* MURNAGHAN, and ERVIN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Fred Shores, Jr., Appellant Pro Se. Brian Lee Whisler, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee.

* Judge Widener did not participate in consideration of this case. The opinion is filed by a quorum of the panel pursuant to

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 Unpublished opinions are not binding precedent in this circuit.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

PER CURIAM:

Fred Shores, Jr., 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. See United States v. Shores, Nos. CR-90-49;

CA-97-146-5-MU (W.D.N.C. Aug. 6, 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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