UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-6821
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
EUGENE ROLAND SMITH,
Defendant - Appellant.
Appeal from the United States District Court for the Middle Dis-
trict of North Carolina, at Greensboro. N. Carlton Tilley, Jr.,
District Judge. (CR-94-210, CA-97-482-2)
Submitted: October 27, 1998 Decided: November 13, 1998
Before WILLIAMS and MICHAEL, Circuit Judges, and HALL, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Eugene Roland Smith, Appellant Pro Se. David Bernard Smith, Greens-
boro, 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Unpublished opinions are not binding precedent in this circuit.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. 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. Smith, Nos. CR-94-210; CA-97-482-2 (M.D.N.C. Apr.
3, 1998). 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
United States v. Smith
Combined Opinion