UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 97-6169
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
NOEL DONOVAN SMITH, a/k/a Clinton Paul Smith,
a/k/a Noel Donnavon Smith,
Defendant - Appellant.
Appeal from the United States District Court for the Middle Dis-
trict of North Carolina, at Winston-Salem. Frank W. Bullock, Jr.,
Chief District Judge. (CR-94-10, CR-94-45, CA-96-757-6)
Submitted: November 6, 1997 Decided: November 19, 1997
Before WIDENER and LUTTIG, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Noel Donovan Smith, Appellant Pro Se. Paul Alexander Weinman,
Assistant United States Attorney, Greensboro, North 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Unpublished opinions are not binding precedent in this circuit.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 appeal-
ability and dismiss the appeal on the reasoning of the district
court. United States v. Smith, Nos. CR-94-10; CR-94-45; CA-96-757-6
(M.D.N.C. Jan. 13, 1997).We dispense with oral argument because the
facts and legal contentions are adequately presented in the mate-
rials before the court and argument would not aid the decisional
process.
DISMISSED
2