UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-7851
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
PETE SMITH, a/k/a Jose,
Defendant - Appellant.
Appeal from the United States District Court for the Middle Dis-
trict of North Carolina, at Greensboro. William L. Osteen, Sr.,
District Judge. (CR-93-117, CA-95-769-2)
Submitted: January 22, 1998 Decided: February 3, 1998
Before WIDENER, MICHAEL, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Pete Smith, Appellant Pro Se. Scott Patrick Mebane, 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Unpublished opinions are not binding precedent in this circuit.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 appealabil-
ity and dismiss the appeal on the reasoning of the district court.
United States v. Smith, Nos. CR-93-117; CA-95-769-2 (M.D.N.C. Nov.
18, 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.
DISMISSED
2