UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-6047
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JERRY WINSLOW CLARK,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Newport News. J. Calvitt Clarke, Jr., Senior
District Judge. (CR-89-21, CA-95-129-4)
Submitted: May 16, 1996 Decided: June 3, 1996
Before RUSSELL, LUTTIG, and WILLIAMS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jerry Winslow Clark, Appellant Pro Se. Robert Joseph Seidel, Jr.,
Assistant United States Attorney, Norfolk, Virginia; Robert
Bullington Wilson, V, COMMONWEALTH'S ATTORNEY'S OFFICE, Hampton,
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant appeals from the district court's order denying his
28 U.S.C. § 2255 (1988) motion. We have reviewed the record and the
district court's opinion and find no reversible error. We find that
the district court properly denied Appellant's double jeopardy
claim because Appellant failed to make a claim in the civil forfei-
ture proceeding. Accordingly, we deny a certificate of appealabil-
ity and dismiss substantially on the reasoning of the district
court. United States v. Clark, No. CR-89-21; CA-95-129-4 (E.D. Va.
Dec. 19, 1995). 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.
DISMISSED
2