UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-7711
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
BENJAMIN SHABAZZ PEAY,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. N. Carlton Tilley, Jr.,
District Judge. (CR-90-89, CA-97-518-2)
Submitted: April 13, 1999 Decided: May 5, 1999
Before WILKINS and MICHAEL, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Benjamin Shabazz Peay, Appellant Pro Se. Harry L. Hobgood, As-
sistant United States Attorney, Greensboro, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Benjamin Shabazz Peay 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 cer-
tificate of appealability and dismiss the appeal on the reasoning
of the district court. See United States v. Peay, Nos. CR-90-89,
CA-97-518-2 (M.D.N.C. Nov. 5, 1998). We dispense with oral argu-
ment 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