UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7610

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

CURTIS BURSTON, JR.,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Fox, Senior District Judge. (5:04-cr-00371-F-2; 5:08-cv-00087-F)

Submitted: November 19, 2009 Decided: December 4, 2009

Before MOTZ, GREGORY, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Curtis Burston, Jr., Appellant Pro Se. Steve R. Matheny, Assistant United States Attorney, Kimberly Ann Moore, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Curtis Burston, Jr., appeals from a district court

order denying his motion to reconsider the denial of his motion

for a writ of audita querela. We have reviewed the district

court’s order and the record and affirm on the reasoning of the

district court. See United States v. Burston, No. 5:04-cr-

00371-F-2 (E.D.N.C. Aug. 5, 2009). 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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