UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-7083

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

CURTIS L. HAYES, JR.,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of West Virginia, at Huntington. Robert C. Chambers, District Judge. (3:94-cr-00180-1)

Submitted: October 23, 2008 Decided: November 17, 2008

Before MICHAEL and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Curtis L. Hayes, Jr., Appellant Pro Se. John J. Frail, Assistant United States Attorney, Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Curtis L. Hayes, Jr., appeals the district court’s

order denying reconsideration of its order denying Hayes’ motion

under

(c) (2006). We have reviewed the record

and find no reversible error. Accordingly, we affirm for the

reasons stated by the district court. United States v. Hayes,

No. 3:94-cr-00180-1 (S.D. W. Va. May 21, 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

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