UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 97-7650
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
KEITH EUGENE GAFFNEY, a/k/a Khalif Abdul Qawi
Mujahid, a/k/a Fly, a/k/a Slim, a/k/a Keith
Gaffney-Bey,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Alexandria. James C. Cacheris, District
Judge. (CR-95-53, CA-97-1222-AM)
Submitted: March 12, 1998 Decided: March 26, 1998
Before LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Keith Eugene Gaffney, Appellant Pro Se. Justin W. Williams, Assis-
tant United States Attorney, Alexandria, 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Unpublished opinions are not binding precedent in this circuit.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
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 ap-
pealability and dismiss the appeal on the reasoning of the district
court. United States v. Gaffney, Nos. CR-95-53; CA-97-1222-AM (E.D.
Va. Oct. 17, 1997). We note that Appellant was not entitled to an
evidentiary hearing or appointment of counsel because the motions,
files, and records of the case conclusively show that Appellant is
not entitled to relief. See Fontaine v. United States, 411 U.S.
213, 215 (1973). 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