UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-7117

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

JOHNNY WILLIAM CABE,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Joseph F. Anderson, Jr., Chief District Judge. (CR-00-301)

Submitted: December 9, 2005 Decided: December 20, 2005

Before MICHAEL, KING, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Johnny William Cabe, Appellant Pro Se. Dean Arthur Eichelberger, Anne Hunter Young, OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Johnny William Cabe, a federal prisoner, appeals the

district court’s order denying his motion for a new trial pursuant

to Fed. R. Crim. P. 33. 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. Cabe, No. CR-00-301

(D.S.C. June 21, 2005). 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