UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-6966

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

HERBERT COUNCIL,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Graham C. Mullen, Senior District Judge. (3:92-cr-00097-GCM-20)

Submitted: November 20, 2008 Decided: November 26, 2008

Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Herbert Council, Appellant Pro Se. Kenneth Michel Smith, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Herbert Council appeals the district court’s orders

denying relief on his

(a) (2000) petition and

denying his motion for reconsideration. Our review of the

record discloses no reversible error. Accordingly, we affirm.

We deny Council’s motion for appointment of counsel and 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. In light of this

disposition, we deny as moot Council’s motion for emergency

summary disposition by a single judge.

AFFIRMED

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