UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-6444

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus

TRACY WILLIAM COLEY, Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Graham C. Mullen, Chief District Judge. (CR-95-65-MU, CA-98-310-3-MU)

Submitted: June 17, 1999 Decided: June 25, 1999

Before MURNAGHAN and TRAXLER, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Tracy William Coley, Appellant Pro Se. Brian Lee Whisler, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Tracy William Coley seeks to appeal the district court’s order denying his motion filed under 28 U.S.C.A. § 2255 (West Supp. 1999). 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. Coley, Nos. CR-95-65-MU; CA-98-310-3-MU (W.D.N.C. Feb. 3, 1999). We decline to consider on appeal the issue Coley raises in his informal brief, because it was not first raised in the district court. 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