Filed: September 14, 2001 UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 01-6777 (CR-93-267, CA-97-957-2)

United States of America, Plaintiff - Appellee, versus

Jerry Dale Lowe, Defendant - Appellant.

O R D E R

The court amends its opinion filed September 13, 2001, as follows: On page 2, line 1 of text -- the opinion is corrected to begin “Jerry Dale Lowe seeks to appeal ....”

For the Court - By Direction

/s/ Patricia S. Connor Clerk UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 01-6777

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus

JERRY DALE LOWE, Defendant - Appellant.

Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. John T. Copenhaver, Jr., District Judge. (CR-93-267, CA-97-957-2)

Submitted: September 6, 2001 Decided: September 13, 2001

Before WIDENER, WILLIAMS, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Scott Sumner Segal, THE SEGAL LAW FIRM, Charleston, West Virginia, for Appellant. Michael Lee Keller, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Jerry Dale Lowe seeks to appeal the district court’s order denying his motion filed under 28 U.S.C.A. § 2255 (West Supp. 2001). 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. Lowe, Nos. CR-93-267; CA- 97-957-2 (S.D.W. Va. Mar. 30, 2001). 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