UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-7789

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

FAUSTO CEPEDA,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Richmond. James R. Spencer, District Judge. (CR-93-128, CA-98-337)

Submitted: February 11, 1998 Decided: February 25, 1999

Before ERVIN, NIEMEYER, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Fausto Cepeda, Appellant Pro Se. David T. Maguire, Assistant United States Attorney, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Fausto Cepeda seeks to appeal the district court’s order deny-

ing his motion filed under

(West 1994 & Supp.

1998). 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. Cepeda, Nos. CR-93-128;

CA-98-337 (E.D. Va. Nov. 24, 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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