___________ No. 95-3134 ___________

Sam Carl Wainwright, * * Appellant, * * Appeal from the United States v. * District Court for the * Western District of Arkansas.

United States of America, * * [UNPUBLISHED] Appellee. * ___________ Submitted: February 7, 1996 Filed: February 9, 1996 ___________ Before FAGG, BOWMAN, HANSEN, Circuit Judges. ___________

PER CURIAM.

Sam Carl Wainwright appeals the District Court's1 order denying his second 28 U.S.C. § 2255 (1994) motion as an abuse of the writ. Having reviewed the record and the parties' briefs, we conclude that no error of law appears. Accordingly, we affirm the judgment of the District Court. See 8th Cir. R. 47B.

The Honorable H. Franklin Waters, Chief Judge, United States District Court for the Western District of Arkansas, adopting the report and recommendation of the Honorable Bobby E.

Shepherd, United States Magistrate Judge for the Western District of Arkansas.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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