UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-6867

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

KENNETH WARRIX,

Defendant - Appellant.

Appeal from the United States District Court for the Southern Dis- trict of West Virginia, at Huntington. Robert J. Staker, Senior District Judge. (CR-88-191, CA-96-93-3)

Submitted: October 31, 1997 Decided: December 3, 1997

Before HALL and MICHAEL, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Kenneth Warrix, Appellant Pro Se. Paul Thomas Farrell, Assistant United States Attorney, Huntington, 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Unpublished opinions are not binding precedent in this circuit.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 denying his

motion filed under

(1994) (current version at

(West 1994 & Supp. 1997)). We have reviewed the

record and the district court's opinion accepting the recommenda-

tion of the magistrate judge and find no reversible error. Accord- ingly, we affirm on the reasoning of the district court. United States v. Warrix, Nos. CR-88-191; CA-96-93-3 (S.D.W. Va. May 20,

1996). See Lindh v. Murphy,

,

(U.S. June

23, 1997) (No. 96-6298). 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

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