UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-7296

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

DAVID ELIJAH SMITH, a/k/a Miami Dave, a/k/a Jerry Lee Brown, a/k/a Michael Knight, a/k/a David Jones,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. Terrence W. Boyle, Chief District Judge. (CR-93-16)

Submitted: February 19, 2004 Decided: February 25, 2004

Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

David Elijah Smith, Appellant Pro Se. Rudolf A. Renfer, Jr., Assistant 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Unpublished opinions are not binding precedent in this circuit.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 Elijah Smith appeals the district court’s order

denying his motion filed pursuant to

(2000). We

have reviewed the record and find no reversible error.

Accordingly, we deny Smith’s motion for appointment of counsel and

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

v. Smith, No. CR-93-16 (E.D.N.C. June 24, 2003). 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.

AFFIRMED

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