United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 98-2433 ___________ Lavern Larry Thomas, * * Appellant, * * Appeal from the United States v. * District Court for the * District of Minnesota.

United States of America, * [UNPUBLISHED] * Appellee. * ___________ Submitted: January 6, 1999 Filed: January 13, 1999 ___________ Before WOLLMAN, HANSEN, and MURPHY, Circuit Judges. ___________ PER CURIAM.

Federal inmate Lavern Larry Thomas appeals the district court&s1 denial of his motion for relief brought pursuant to 28 U.S.C. § 2255. After careful review of the record and the parties& briefs, we affirm for the reasons stated by the district court. See 8th Cir. R. 47B. Thomas&s motion for appointment of counsel is denied.

The Honorable Paul A. Magnuson, Chief Judge, United States District Court for the District of Minnesota.

A true copy.

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

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