United States v. Smith

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-6821 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus EUGENE ROLAND SMITH, Defendant -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 Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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