UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 11-7157

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

MITCHELL GATEWOOD,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Robert J. Conrad, Jr., Chief District Judge. (3:07-cr-00054-RJC-1)

Submitted: February 9, 2012 Decided: February 14, 2012

Before WILKINSON, AGEE, and FLOYD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Mitchell Gatewood, 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Unpublished opinions are not binding precedent in this circuit.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:

Mitchell Gatewood appeals the district court’s order

denying his motion to dismiss Count Two of the Information. We

have reviewed the record and find no reversible error.

Accordingly, we affirm for the reasons stated by the district

court. United States v. Gatewood, No. 3:07-cr-00054-RJC-1

(W.D.N.C. July 28, 2011). We further deny Gatewood’s motion for

appointment of counsel. 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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