UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7900

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

DAVID FITZGERALD LIGHTNER,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, District Judge. (3:93-cr-00133-FDW-2)

Submitted: December 17, 2009 Decided: December 31, 2009

Before WILKINSON, NIEMEYER, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

David Fitzgerald Lightner, Appellant Pro Se. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

David Fitzgerald Lightner appeals the district court’s

orders denying relief on his

(c)(2) (2006)

motion and his subsequent motion for reconsideration. We have

reviewed the record and find no reversible error. Accordingly,

we affirm for the reasons stated by the district court. United

States v. Lightner, No. 3:93-cr-00133-FDW-2 (W.D.N.C. Aug. 28,

2009; Oct. 7, 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

2