UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 97-7435 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus DONALD O. SHELTON, Defendant - Appellant. Appeal from the United States District Court for the Southern Dis- trict of West Virginia, at Parkersburg. Charles H. Haden II, Chief District Judge. (CR-91-377, CA-97-425-6) Submitted: December 30, 1997 Decided: January 27, 1998 Before WIDENER, MURNAGHAN, and MICHAEL, Circuit Judges. Dismissed by unpublished per curiam opinion. Kevin Michael Schad, Cincinnati, Ohio, for Appellant. Rebecca A. Betts, United States Attorney, Michael Lee Keller, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, 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 Unpublished opinions are not binding precedent in this circuit.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. Shelton, Nos. CR-91-377; CA-97-425-6 (S.D.W. Va. Sept. 29, 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