UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-6026

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus

MIGUEL PORQUIN, Defendant - Appellant.

Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Norfolk. Robert G. Doumar, Senior District Judge. (CR-94-40)

Submitted: March 25, 1999 Decided: March 31, 1999

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

Dismissed by unpublished per curiam opinion.

Miguel Porquin, Appellant Pro Se. Fernando Groene, OFFICE OF THE UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Miguel Porquin appeals the district court’s order denying his motion to file an appeal out of time which it considered as a motion under 28 U.S.C. § 2255 (1994). 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 district court. See United States v. Porquin, No. CR-94-40 (E.D. Va. Dec. 17, 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