UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-6421

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

ALLAN L. GANT,

Defendant - Appellant.

Appeal from the United States District Court for the Southern Dis- trict of West Virginia, at Beckley. Elizabeth V. Hallanan, Senior District Judge. (CR-94-88, CA-96-683-5)

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

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

Dismissed by unpublished per curiam opinion.

Allan L. Gant, Appellant Pro Se. 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Unpublished opinions are not binding precedent in this circuit.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

(West 1994 & Supp. 1997).

We have reviewed the record and the district court's opinion up-

holding the recommendation of the magistrate judge and find no re-

versible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court.

United States v. Gant, Nos. CR-94-88; CA-96-683-5 (S.D.W. Va. Mar. 17, 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