Filed: May 9, 2000 UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-7594 (CR-96-8-F, CA-98-133-4-F)

United States of America, Plaintiff - Appellee, versus

Dennis Ray Gordon, Defendant - Appellant.

O R D E R

The court amends its opinion filed May 2, 2000, as follows: On the cover sheet, section 7, line 2 -- attorney Brett Alan Sagel is deleted from the counsel listing.

For the Court - By Direction

/s/ Patricia S. Connor Clerk UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-7594

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus

DENNIS RAY GORDON, Defendant - Appellant.

Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at New Bern. James C. Fox, District Judge. (CR-96-8-F, CA-98-133-4-F)

Submitted: April 27, 2000 Decided: May 2, 2000

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

Dismissed by unpublished per curiam opinion.

Dennis Ray Gordon, Appellant Pro Se. Robert Edward Skiver, Assis- tant United States Attorney, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Dennis Ray Gordon 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. Gordon, Nos. CR-96-8-F; CA-98-133-4-F (E.D.N.C. Sept. 28, 1999). 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