UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-6752
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ROY SMITH,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Richard L. Williams, Senior
District Judge. (CR-89-196-A, CA-90-1157)
Submitted: August 13, 1998 Decided: September 4, 1998
Before WIDENER and WILKINS, Circuit Judges, and HALL, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Roy Smith, Appellant Pro Se. William Neil Hammerstrom, Jr., OFFICE
OF THE 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Unpublished opinions are not binding precedent in this circuit.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 to reinstate his 28 U.S.C.A. § 2255 (West 1994 & Supp.
1998) motion, which was dismissed without prejudice in 1991. We
have reviewed the record and the district court’s opinion and find
no abuse of discretion. See In re Burnley, 988 F.2d 1, 2-3 (4th
Cir. 1992). Accordingly, we deny a certificate of appealability
and dismiss the appeal on the reasoning of the district court.
United States v. Smith, No. CR-89-196-A (E.D. Va. Apr. 10, 1998).
We dispense with oral argument because the facts and legal conten-
tions are adequately presented in the materials before the court
and argument would not aid the decisional process.
DISMISSED
2