ON REHEARING

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 12-6976

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

ALAN B. FABIAN,

Defendant - Appellant.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Catherine C. Blake, District Judge. (1:07-cr-00355-CCB-1)

Submitted: November 30, 2012 Decided: December 19, 2012

Before KING, SHEDD, and WYNN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Alan B. Fabian, Appellant Pro Se. Jonathan Biran, Assistant United States Attorney, Tonya Nicole Kelly, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Alan B. Fabian seeks to appeal the district court’s

order denying his Fed. R. Crim. P. 36 motion to correct a

clerical error. We have reviewed the record and find no

reversible error. Accordingly, we affirm for the reasons stated

by the district court. United States v. Fabian, No. 1:07-cr-

00355-CCB-1 (D. Md. May 24, 2012). We grant Fabian’s motion for

leave to file exhibits, and we deny his 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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