United States v. Catolster

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 97-6690 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus DAVID CATOLSTER, Defendant - Appellant. Appeal from the United States District Court for the Western Dis- trict of North Carolina, at Bryson City. Lacy H. Thornburg, Dis- trict Judge. (CR-95-30, CA-97-94-2) Submitted: December 11, 1997 Decided: December 24, 1997 Before HALL and WILLIAMS, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. David Catolster, Appellant Pro Se. Deborah Ann Ausburn, Assistant United States Attorney, Asheville, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: David Catolster 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 a cer- tificate of appealability and dismiss the appeal on the reasoning of the district court. United States v. Catolster, Nos. CR-95-30; CA-97-94-2 (W.D.N.C. Apr. 30, 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 deci- sional process. DISMISSED 2