UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 95-7718 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus HENRY SMALLS, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Charleston. Solomon Blatt, Jr., Senior District Judge. (CR-91-288-2, CA-94-3508-2-8) Submitted: February 7, 1996 Decided: February 26, 1996 Before MURNAGHAN and WILLIAMS, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Henry Smalls, Appellant Pro Se. Benjamin A. Hagood, Jr., Assistant United States Attorney, Charleston, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Appellant appeals from the district court's order denying his 28 U.S.C. § 2255 (1988) motion. We have reviewed the record and the district court's opinion accepting the recommendation of the magis- trate judge and find no reversible error. Accordingly, we affirm on the reasoning of the district court. United States v. Smalls, Nos. CR-91-288-2; CA-94-3508-2-8 (D.S.C. Oct. 5, 1995). We deny Appel- lant's motion for counsel and dispense with oral argument because the facts and legal contentions are adequately presented in the ma- terials before the court and argument would not aid the decisional process. AFFIRMED 2