UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-6354

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

PERSONNE ELRICO MCGHEE,

Defendant - Appellant.

Appeal from the United States District Court for the Northern Dis- trict of West Virginia, at Wheeling. Frederick P. Stamp, Jr., Chief District Judge. (CA-96-136-5, CR-93-46)

Submitted: October 23, 1997 Decided: November 14, 1997

Before HAMILTON and WILLIAMS, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Personne Elrico McGhee, Appellant Pro Se. Paul Thomas Camilletti, OFFICE OF THE UNITED STATES ATTORNEY, Wheeling, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Appellant appeals the district court's order accepting the

report and recommendation of the magistrate judge and declining to

reduce Appellant's sentence under

(c)(2) (1994). 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 affirm on the reasoning of the district

court. United States v. McGhee, Nos. CR-93-46; CA-96-136-5 (N.D.W. Va. Nov. 22, 1996). 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.

AFFIRMED

2