UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-7278

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus

JACQUELYN M. KUBINSKI, Defendant - Appellant.

Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Fayetteville. Malcolm J. Howard, Dis- trict Judge. (CR-93-28-5, CA-97-944-5-H)

Submitted: January 5, 1999 Decided: February 10, 1999

Before WILKINS and NIEMEYER, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Jacquelyn M. Kubinski, Appellant Pro Se. Robert Edward Skiver, Assistant United States Attorney, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Appellant seeks to appeal the district court’s order denying her motion filed under 28 U.S.C.A. § 2255 (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 dis- trict court. United States v. Kubinski, No. CR-93-28-5; CA-97-944- 5-H (E.D.N.C. Aug. 6, 1998). Appellant’s motion for the appoint- ment of counsel is denied. We dispense with oral argument because the facts and legal contentions are adequately presented in the ma- terials before the court and argument would not aid the decisional process.

DISMISSED