UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 97-6655 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus ROSCOE EVANS, JR., Defendant -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-91-275, CA-96-756-2) Submitted: December 9, 1997 Decided: December 29, 1997 Before HALL and NIEMEYER, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Roscoe Evans, Jr., Appellant Pro Se. Benjamin H. White, 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 Unpublished opinions are not binding precedent in this circuit.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. Evans, Nos. CR-91-275; CA-96-756-2 (M.D.N.C. Apr. 21, 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