UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-7288

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus

ROBERT ANTHONY KELLY, JR., Defendant - Appellant.

Appeal from the United States District Court for the Western Dis- trict of Virginia, at Big Stone Gap. Samuel G. Wilson, Chief Dis- trict Judge. (CR-94-43, CA-98-97-R)

Submitted: March 11, 1999 Decided: March 17, 1999

Before WIDENER and LUTTIG, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Robert Anthony Kelly, Jr., Appellant Pro Se. Julie C. Dudley, Assistant United States Attorney, Roanoke, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Robert Anthony Kelly, Jr., seeks to appeal the district court’s order denying his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1998). We have reviewed the record and the dis- trict court’s opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. See United States v. Kelly, Nos. CR-94-43; CA-98-97-R (W.D. Va. June 29, 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