UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-6378
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ROGER BUTLER,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Greenville. Malcolm J. Howard,
District Judge. (CR-94-68-4-2, CA-97-117-4-H)
Submitted: May 29, 1998 Decided: August 25, 1998
Before NIEMEYER and LUTTIG, Circuit Judges, and PHILLIPS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Roger Butler, Appellant Pro Se. Janice McKenzie Cole, 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Unpublished opinions are not binding precedent in this circuit.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. 1998).
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. We find that even if the dis-
trict court’s entry of the amended judgment on September 16, 1996,
triggered the one-year limitation period of § 2255 and the motion
was therefore timely filed, Butler is still not entitled to any
relief under § 2255. We 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