UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-6364

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

JACOB E. JOHNSON,

Defendant - Appellant.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. Deborah K. Chasanow, District Judge. (CR- 94-248-DKC, CA-98-1100-DKC)

Submitted: August 24, 1999 Decided: September 30, 1999

Before WILKINS and MOTZ, Circuit Judges, and BUTZNER, Senior Cir- cuit Judge.

Dismissed by unpublished per curiam opinion.

Jacob E. Johnson, Appellant Pro Se. Mythili Raman, OFFICE OF THE UNITED STATES ATTORNEY, Greenbelt, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Jacob E. Johnson seeks to appeal the district court’s order

denying his motion filed under

(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. Johnson, Nos. CR-94-248-

DKC; CA-98-1100-DKC (D. Md. Jan. 25 & Mar. 15, 1999). We note that

the district court did not err in declining to conduct a hearing

because the record conclusively establishes that Johnson is not

entitled to relief. See Fontaine v. United States,

(1973). 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

2