UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 97-7170 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus MICHAEL ANTHONY OXENDINE, Defendant - Appellant. Appeal from the United States District Court for the Middle Dis- trict of North Carolina, at Rockingham. William L. Osteen, Sr., District Judge. (CR-93-229, CA-96-900-3) Submitted: May 14, 1998 Decided: May 26, 1998 Before WIDENER and MICHAEL, Circuit Judges, and BUTZNER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Michael Anthony Oxendine, Appellant Pro Se. Sandra Jane Hairston, 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 Unpublished opinions are not binding precedent in this circuit.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 appeal- ability and dismiss the appeal on the reasoning of the district court. United States v. Oxendine Nos. CR-93-229; CA-96-900-3 (M.D.N.C. Aug. 4, 1997). We dispense with oral argument because the facts and legal contentions are adequately presented in the mate- rials before the court and argument would not aid the decisional process. DISMISSED 2