UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-7962

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

PETE SMITH, a/k/a Pete Noble Muhammad, a/k/a Jose,

Defendant - Appellant.

Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. William L. Osteen, District Judge. (CR-93-117; CA-04-1095)

Submitted: February 9, 2005 Decided: March 2, 2005

Before NIEMEYER, MOTZ, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Pete Smith, Appellant Pro Se. Anna Mills Wagoner, United States Attorney, Greensboro, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Pete Smith appeals the district court’s order denying his

motion for reconsideration filed under Fed. R. Civ. P. 60(b). We

have reviewed the record and find no reversible error.

Accordingly, we affirm for the reasons stated by the district

court. See United States v. Smith, No. CR-93-117 (M.D.N.C. Nov.

26, 2004). 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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