UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 97-6982
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
FREDERICK ERNEST AVERY,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern Dis-
trict of North Carolina, at Raleigh. James C. Fox, District Judge.
(CR-92-20-F, CA-97-269-5-F)
Submitted: January 6, 1998 Decided: January 22, 1998
Before WILKINS, LUTTIG, and WILLIAMS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Frederick Ernest Avery, Appellant Pro Se. John Samuel Bowler,
Assistant 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Unpublished opinions are not binding precedent in this circuit.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. We find Appellant's claims of ineffective
assistance of trial and appellate counsel to be without merit be-
cause Appellant failed to establish prejudice. See Strickland v.
Washington, 466 U.S. 668, 694 (1984). Accordingly, we deny Appel-
lant's motion for a certificate of appealability and dismiss the
appeal on the reasoning of the district court. United States v.
Avery, Nos. CR-92-20-F; CA-97-269-5-F (E.D.N.C. June 3, 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