UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 97-6375
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JAMES RODNEY SMITH, a/k/a Lump,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern Dis-
trict of North Carolina, at Fayetteville. Malcolm J. Howard,
District Judge. (CR-94-65-H, CA-96-849-5-H)
Submitted: November 20, 1997 Decided: December 11, 1997
Before MURNAGHAN, MICHAEL, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
James Rodney Smith, Appellant Pro Se. John Howarth Bennett, OFFICE
OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, 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Unpublished opinions are not binding precedent in this circuit.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
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 Appellant's motion
for appointment of counsel, deny a certificate of appealability,
and dismiss the appeal on the reasoning of the district court.
United States v. Smith, Nos. CR-94-65-H, CA-96-849-5-H (E.D.N.C.
Feb. 13, 1997). 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