UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-6721 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus

JAMES PRESTON FRYE, Defendant - Appellant. Appeal from the United States District Court for the Eastern

District of Virginia, at Richmond. James R. Spencer, District

Judge. (CR-01-167)

Submitted: July 24, 2003 Decided: July 31, 2003

Before MICHAEL and MOTZ, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Affirmed in part and dismissed in part by unpublished per curiam

opinion.

James Preston Frye, Appellant Pro Se. Brian Ronald Hood, Assistant

United States Attorney, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM

James Preston Frye appeals the district court§ 2255 (2000) is pending, and his motion for appointment of counsel in that proceeding.

As to FryeÂ’s motion for release, we have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See United States v. Frye , No. CR-01-167 (E.D. Va. Apr. 22, 2003).

As to Frye§ 1291 (2000), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2000); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus.

Loan Corp. , 337 U.S. 541 (1949). Accordingly, we dismiss this part of the appeal for lack of jurisdiction.

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. AFFIRMED IN PART; DISMISSED IN PART