Rehearing granted, rehearing en banc denied, and case placed in abeyance by order filed 2/20/01 UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 00-6719

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

DAVID EARL BEASLEY,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Raleigh. James C. Fox, District Judge. (CR-94-122-F, CA-98-810-5-F)

Submitted: October 17, 2000 Decided: November 1, 2000

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

Dismissed by unpublished per curiam opinion.

David Earl Beasley, Appellant Pro Se. Fenita Morris Shepard, OF- FICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

David Earl Beasley appeals the district court’s order denying

his motion filed under

(West Supp. 2000). 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. Beasley, Nos. CR-94-122-F; CA-98-810-

5-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

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