UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-7818 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus

MICHAEL J. MCDOWELL, Defendant - Appellant. Appeal from the United States District Court for the Eastern Dis-

trict of North Carolina, at Raleigh. James C. Fox, District Judge.

(CR-94-128, CA-96-312-5-F)

Submitted: March 24, 1998 Decided: April 20, 1998

Before WIDENER and NIEMEYER, Circuit Judges, and BUTZNER, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Michael J. McDowell, Appellant Pro Se. Fenita Morris Shepard,

OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM

Appellant appeals the district court's order denying his motion filed under 28 U.S.C. § 2255 (1994) (current version at 28 U.S.C.A. § 2255 (West 1994 & Supp. 1997)). We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. See Lindh v. Murphy , 521 U.S., 65 U.S.L.W. 4557 (U.S. June 23, 1997) (No. 96-6298); United States v. McDowell , Nos. CR- 94-128; CA-96-312-5-F (E.D.N.C. May 22, 1996). 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