UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-7692

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

CARL M. MCMANUS,

Defendant - Appellant.

Appeal from the United States District Court for the Western Dis- trict of North Carolina, at Asheville. Lacy H. Thornburg, District Judge. (CR-95-27, CA-99-250-1-T)

Submitted: February 24, 2000 Decided: March 3, 2000

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

Dismissed by unpublished per curiam opinion.

Carl M. McManus, Appellant Pro Se. Harry Thomas Church, Assistant United States Attorney, 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Unpublished opinions are not binding precedent in this circuit.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:

Carl M. McManus seeks to appeal the district court’s order

construing his petition for writ of coram nobis as a motion filed

under

(West Supp. 1999) and denying it. We have

reviewed the record and the district court’s opinion and find no

reversible error. Accordingly, we deny a certificate of appeal-

ability and dismiss the appeal on the reasoning of the district

court. See United States v. McManus, No. CR-95-27; CA-99-250-1-T

(W.D.N.C. Dec. 3, 1999). We dispense with oral argument because

the facts and legal contentions are adequately presented in the ma-

terials before the court and argument would not aid the decisional

process.

DISMISSED

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