UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v. No. 95-5831

GARY HATFIELD,

Defendant-Appellant.

Appeal from the United States District Court for

the Southern District of West Virginia, at Huntington.

Joseph Robert Goodwin, District Judge.

(CR-95-94)

Submitted: August 22, 1996

Decided: September 12, 1996

Before RUSSELL, HALL, and WILLIAMS, Circuit Judges.

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Dismissed by unpublished per curiam opinion.

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COUNSEL

George A. Mills, III, Huntington, West Virginia, for Appellant.

Rebecca A. Betts, United States Attorney, Paul A. Billups, Assistant

United States Attorney, Huntington, West Virginia, 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Unpublished opinions are not binding precedent in this circuit.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:

Gary Hatfield pled guilty to three counts of bank fraud, 18

U.S.C.A. § 1344 (West Supp. 1996), and was sentenced to a term of

21 months imprisonment. He contends on appeal that the district court

erred in sentencing him at the high end of the sentencing guideline

range and suggests that the sentence was the result of ineffective

assistance on the part of his attorney. We dismiss the appeal.

Hatfield was informed before he entered his guilty plea that the

total amount of loss was $448,471. He made no objections to the presentence report which used this amount to calculate a sentencing

range of 15-21 months. In his personal statement to the district court,

Hatfield stated that he was not responsible for certain loans included

in the loss statement submitted by the bank. At the sentencing hearing, the probation officer and Hatfield's attorney agreed that these

loans, which Hatfield disclaimed in his interview with the probation

officer, had been removed from the loss calculation. Hatfield then

stated that he had no objection to the sentence calculation and that he

was satisfied with his attorney's representation.

On appeal, Hatfield maintains that the district court should have

sentenced him at the low end of the guideline range and that its failure

to so sentence him was his attorney's fault. Because Hatfield does not

contend that the guideline range was incorrectly calculated, we are

without statutory authority to review his sentence. See United States

v. Jones, 18 F.3d 1145, 1151 (4th Cir. 1994). A claim of ineffective

assistance of counsel will not be considered on direct appeal unless

the record conclusively demonstrates that counsel did not provide

effective representation. United States v. Williams, 977 F.2d 866, 871

(4th Cir. 1992), cert. denied, 507 U.S. 942 (1993). To the extent he

raises the issue, Hatfield has not made the required showing.

We therefore dismiss the appeal. We dispense with oral argument

because the facts and legal contentions are adequately presented in the

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materials before the court and argument would not aid the decisional

process.

DISMISSED

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