UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-4661

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus

RICKEY FUNCHESS, Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Orangeburg. Charles E. Simons, Jr., Senior District Judge. (CR-97-1032)

Submitted: April 30, 1999 Decided: May 21, 1999

Before HAMILTON and WILLIAMS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

John A. O’Leary, Columbia, South Carolina, for Appellant. J. Rene Jose, United States Attorney, Jane B. Taylor, Assistant United States Attorney, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Appellant Rickey Funchess appeals from the district court’s denial of his pretrial motion to suppress evidence seized from his home. Because Funchess subsequently entered an unconditional guilty plea to the indictment for possession with intent to distribute crack cocaine in violation of 21 U.S.C. § 841(a)(1) (1994), we are without jurisdiction to hear the merits of Funchess’ appeal. See Fed. R. Crim. P. 11(a)(2); Tollett v. Henderson, 411 U.S. 258 (1973); United States v. Cain, 155 F.3d 840, 842-43 (7th Cir. 1998).

Accordingly, we dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately set forth in the materials before the Court and argument would not aid the decisional process.

DISMISSED