UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

AVERY W. VIAL,

Petitioner-Appellant,

v. No. 98-7649

HARLEY LAPPIN,

Respondent-Appellee.

Appeal from the United States District Court

for the Eastern District of North Carolina, at Raleigh.

Malcolm J. Howard, District Judge.

(CA-97-825-5-H2)

Submitted: April 20, 1999

Decided: May 5, 1999

Before MURNAGHAN, WILKINS, and MICHAEL, Circuit Judges.

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Affirmed by unpublished per curiam opinion.

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COUNSEL

Michael Morchower, Anthony G. Spencer, MORCHOWER, LUXTON & WHALEY, Richmond, Virginia, for Appellant. Janice McKenzie Cole, United States Attorney, Anne M. Hayes, Assistant

United States Attorney, Robert E. Skiver, Assistant United States

Attorney, Raleigh, North Carolina, for Appellee.

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Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).

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OPINION

PER CURIAM:

Avery W. Vial appeals the district court's order denying his motion

for relief, in which he sought to reopen the period in which to appeal

the district court's denial of his 28 U.S.C. § 2241 (1994) motion. We

affirm.

Vial is serving a 157-month sentence imposed in 1992. He retained

Virginia attorney Michael Morchower to represent him in his § 2241

action. Morchower associated Marvin Sparrow of Raleigh, North Carolina, as Vial's local counsel.

The district court denied Vial's § 2241 motion by order entered on

May 15, 1998. There is no dispute that Sparrow timely received a

copy of the judgment. The district court did not send another copy of

the judgment to Morchower. No notice of appeal was filed. When

Morchower learned of the entry of judgment on September 10, he

filed a Motion for Relief in which he sought, pursuant to Fed. R. App.

P. 4(a)(6) and Fed. R. Civ. P. 60(b), to reopen the appeal period. The

district court denied the motion, and Vial timely appealed.

The district court did not abuse its discretion in denying the

motion. First, in order to obtain relief under Rule 4(a)(6), a party must

show that he failed to receive adequate notice of the entry of judgment. A party is considered to have notice of all the facts of which

his attorney had notice. See Link v. Wabash R.R. Co., 370 U.S. 626,

634 (1962). Where a party has two counsel of record, notice of the

entry of judgment sent to one attorney sufficiently informs the party

of the entry of judgment. See Alaska Limestone Corp. v. Hodel, 799

F.2d 1409, 1412 (9th Cir. 1986). Here, the district court timely notified Sparrow of the entry of judgment. Under the case law, Vial cannot show that he did not receive adequate notice of the entry of

judgment. Thus, he was not entitled to relief under Rule 4(a)(6).

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To the extent that the Motion for Relief was brought under Fed. R.

Civ. P. 60(b), the district court did not abuse its discretion in denying

the motion. Rule 60(b) motions are not to be used as substitutes for

appeal. See Ackermann v. United States, 340 U.S. 193, 198 (1950).

Further, relief under Rule 60(b) is appropriate only in exceptional circumstances, see Dowell v. State Farm Fire & Cas. Auto Ins. Co., 993

F.2d 46, 48 (4th Cir. 1993), which do not exist in this case.

We accordingly affirm the judgment of the district court. 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

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