UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-7279
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
STANLEY HICKMAN,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern Dis-
trict of North Carolina, at Raleigh. Terrence W. Boyle, Chief Dis-
trict Judge. (CR-93-144-5-3-BO)
Submitted: October 6, 1998 Decided: October 23, 1998
Before NIEMEYER, HAMILTON, and MICHAEL, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Stanley Hickman, Appellant Pro Se. David Paul Folmar, Jr., Assis-
tant United States Attorney, Greensboro, 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Unpublished opinions are not binding precedent in this circuit.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 ap-
pealability and dismiss the appeal on the reasoning of the district
court. United States v. Hickman, No. CR-93-144-5-3-BO (E.D.N.C.
July 10, 1998). We note that even if we assume, as Appellant
argues, that his conviction became final on October 7, 1997, the
date on which the Supreme Court denied his petition for a writ of
certiorari, his § 2255 motion nevertheless was untimely filed. 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