UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 97-6865
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JIMMY LAWRENCE NANCE,
Defendant - Appellant.
Appeal from the United States District Court for the Western Dis-
trict of Virginia, at Roanoke. James C. Turk, District Judge.
(CR-92-135, CA-97-399-R)
Submitted: September 25, 1997 Decided: October 9, 1997
Before LUTTIG, MICHAEL, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jimmy Lawrence Nance, Appellant Pro Se. Thomas Linn Eckert, Assis-
tant United States Attorney, Roanoke, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant seeks to appeal the district court's order denying
without prejudice his motion filed under 28 U.S.C.A. § 2255 (West
1994 & Supp. 1997). We have reviewed the record and the district
court's opinion and find no reversible error. Accordingly, we deny
a certificate of appealability and dismiss the appeal on the rea-
soning of the district court. United States v. Nance, Nos. CR-92-
135; CA-97-399-R (W.D. Va. June 5, 1997). We deny Appellant's
motion to consolidate and dispense with oral argument because the
facts and legal contentions are adequately presented in the mate-
rials before the court and argument would not aid the decisional
process.
DISMISSED
2