UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-6522 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus

MERRICK RALPH FALESBORK, a/k/a Merrick, a/k/a

Merc, Defendant - Appellant. Appeal from the United States District Court for the Eastern Dis-

trict of Virginia, at Norfolk. J. Calvitt Clarke, Jr., Senior Dis-

trict Judge. (CR-91-116, CA-97-397-2)

Submitted: August 19, 1999 Decided: August 25, 1999

Before WIDENER and KING, Circuit Judges, and PHILLIPS, Senior Cir-

cuit Judge.

Dismissed by unpublished per curiam opinion.

Cheryl Johns Sturm, for Appellant. Laura Marie Everhart, Assistant

United States Attorney, Norfolk, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

* Contrary to FalesborkÂ’s argument, analysis of his ex post facto claim under the 1987 version of the U.S. Sentencing

Guidelines, rather than the 1988 version, does not change the

district courtÂ’s reasoning, which we deem to be sound. 2 PER CURIAM:

Merrick Ralph Falesbork seeks to appeal the district courtÂ’s

order denying his motion filed under 28 U.S.C.A. § 2255 (West Supp.

9). We have reviewed the record and the district courtÂ’s opin-

ion and find no reversible error. * Accordingly, we deny a certif- icate of appealability and dismiss the appeal on the reasoning of

the district court. See

United States v. Falesbork

, Nos. CR-91- 116; CA-97-397-2 (E.D. Va. Mar. 2, 1999). 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