UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-7435

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

TYREES COLOZA WHITEHEAD,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Richmond. James R. Spencer, District Judge. (CR-90-112, CA-99-92)

Submitted: March 23, 2000 Decided: April 5, 2000

Before LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Tyrees Coloza Whitehead, Appellant Pro Se. Stephen Wiley Miller, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Tyrees Coloza Whitehead seeks to appeal the district court’s

order denying his motion originally filed as a petition for a writ

of coram nobis, but later properly construed as a motion under

(West Supp. 1999). We have reviewed the record and

the district court’s opinion and find no reversible error.

Accordingly, we deny a certificate of appealability and dismiss the

appeal on the reasoning of the district court. See United States

v. Whitehead, Nos. CR-90-112; CA-99-92 (E.D. Va. Aug. 30, 1999).

Additionally, we deny Whitehead’s petition for a writ of mandamus.

We dispense with oral argument because the facts and legal conten-

tions are adequately presented in the materials before the court

and argument would not aid the decisional process.

DISMISSED

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