UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 97-7793
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DAVID GILBERT, a/k/a David Whitt, a/k/a Steve
Whitt,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Beckley. Charles H. Haden II, Chief
District Judge. (CR-90-144, CA-97-422-5)
Submitted: September 30, 1998 Decided: October 14, 1998
Before ERVIN, LUTTIG, and WILLIAMS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
David Gilbert, 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Unpublished opinions are not binding precedent in this circuit.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:
David Gilbert seeks to appeal the district court’s order deny-
ing his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp.
1998). 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. Gilbert, Nos. CR-90-144; CA-97-422-5 (S.D.W. Va.
Oct. 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