UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 97-7737
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
CHARLES D. ALLEN,
Defendant - Appellant.
Appeal from the United States District Court for the Southern Dis-
trict of West Virginia, at Huntington. Robert J. Staker, Senior
District Judge. (CR-93-188, CA-97-788-3)
Submitted: March 24, 1998 Decided: April 3, 1998
Before MURNAGHAN and HAMILTON, Circuit Judges, and PHILLIPS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Charles D. Allen, Appellant Pro Se. Michael Lee Keller, OFFICE
OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, 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Unpublished opinions are not binding precedent in this circuit.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. Allen, Nos. CR-93-188; CA-97-788-3 (S.D.W.
Va. Nov. 3, 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