UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-7357

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

RICO LAMONT SPURLOCK,

Defendant - Appellant.

Appeal from the United States District Court for the Northern Dis- trict of West Virginia, at Clarksburg. Irene M. Keeley, District Judge. (CR-95-29, CA-99-22)

Submitted: January 20, 2000 Decided: February 1, 2000

Before WILLIAMS, MICHAEL, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Rico Lamont Spurlock, Appellant Pro Se. Zelda Elizabeth Wesley, OFFICE OF THE UNITED STATES ATTORNEY, Clarksburg, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Rico Lamont Spurlock 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 certifi-

cate of appealability and dismiss the appeal on the reasoning of

the district court. See United States v. Spurlock, Nos. CR-95-29;

CA-99-22 (N.D.W. Va. Sept. 30, 1999). We dispense with oral argu-

ment because the facts and legal contentions are adequately

presented in the materials before the court and argument would not

aid the decisional process.

DISMISSED

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