UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-7543

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

ALPHELIOUS ANTOINE ROOKS,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Richard L. Williams, Senior District Judge. (3:99-cr-00312-RLW-2)

Submitted: October 15, 2008 Decided: October 22, 2008

Before WILKINSON, MICHAEL, and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Alphelious Antoine Rooks, Appellant Pro Se. David John Novak, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Alphelious Antoine Rooks appeals the district court’s

order denying his

(c)(2) (West 2000 & Supp.

2008) motion. We have reviewed the record and find no

reversible error. Accordingly, we affirm for the reasons stated

by the district court. United States v. Rooks, No. 3:99-cr-

00312-RLW-2 (E.D. Va. July 17, 2008). 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

2