UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 97-7072
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
SIMON CHOW,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. James C. Cacheris, Senior
District Judge. (CR-94-219-A, CA-96-1641-AM)
Submitted: June 30, 1998 Decided: August 24, 1998
Before WILLIAMS and MOTZ, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Simon Chow, Appellant Pro Se. Lawrence Joseph Leiser, Assistant
United States Attorney, Alexandria, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Simon Chow seeks to appeal the district court’s order denying
his 28 U.S.C.A. § 2255 (West 1994 & Supp. 1998) motion. We have
reviewed the record and the district court’s opinion and find no
reversible error. Accordingly, we deny a certificate of appealabil-
ity and dismiss the appeal substantially on the reasoning of the
district court. United States v. Chow, Nos. CR-94-219-A; CA-96-
1641-AM (E.D. Va. July 3, 1997). Additionally, we hold that neither
trial nor appellate counsel were “gross[ly] incompeten[t]” for
failing to attack either the sufficiency of the evidence for Chow’s
heroin importation convictions, the venue for the prosecution of
the importation and distribution charges, or the jury instructions.
See Kimmelman v. Morrison, 477 U.S. 365, 382 (1986) (discussing
standard of proof for ineffective assistance of counsel). We deny
Appellant’s motion for appointment of counsel and dispense with
oral argument because the facts and legal contentions are adequate-
ly presented in the materials before the court and argument would
not aid the decisional process.
DISMISSED
2