UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 97-6554
RANDY MARVO SMITH,
Defendant - Appellant,
versus
UNITED STATES OF AMERICA,
Plaintiff - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. William B. Traxler, Jr., District
Judge. (CR-92-466, CA-96-1935-6-21AK)
Submitted: August 14, 1997 Decided: August 25, 1997
Before NIEMEYER, Circuit Judge, and BUTZNER and PHILLIPS, Senior
Circuit Judges.
Dismissed by unpublished per curiam opinion.
Randy Marvo Smith, Appellant Pro Se. Beattie B. Ashmore, Assistant
United States Attorney, Greenville, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant seeks to appeal the district court's order denying
his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1997).
We have reviewed the record and the district court's opinion
accepting the recommendation of the magistrate judge and find no
reversible error. Accordingly, we deny a certificate of appealabil-
ity and dismiss the appeal on the reasoning of the district court.
United States v. Smith, Nos. CR-92-466; CA-96-1935-6-21AK (D.S.C.
Apr. 7, 1997). 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
2