UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 97-6454 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus ROY LEE OWENS, Defendant - Appellant. Appeal from the United States District Court for the Middle Dis- trict of North Carolina, at Greensboro. Richard C. Erwin, Senior District Judge. (CR-89-237-R, CA-96-492-3) Submitted: September 11, 1997 Decided: September 22, 1997 Before RUSSELL, MURNAGHAN, and HAMILTON, Circuit Judges. Dismissed by unpublished per curiam opinion. Roy Lee Owens, Appellant Pro Se. Richard Stanley Glaser, Jr., Assistant United States Attorney, Greensboro, 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 Unpublished opinions are not binding precedent in this circuit.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. 1997). 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. Owens, Nos. CR-89-237-R; CA-96-492-3 (M.D.N.C. Mar. 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