UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-6258

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus

CARLOS GOMEZ, Defendant - Appellant.

Appeal from the United States District Court for the Middle Dis- trict of North Carolina, at Greensboro. Richard C. Erwin, Senior District Judge. (CR-85-98, CA-95-213-2)

Submitted: October 31, 1997 Decided: January 15, 1998

Before HALL and ERVIN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Carlos Gomez, Appellant Pro Se. Benjamin H. White, Jr., 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Unpublished opinions are not binding precedent in this circuit.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: Carlos Gomez appeals the district court's order denying his motion filed under 28 U.S.C. § 2255 (1994) (current version at 28 U.S.C.A. § 2255 (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. Gomez, Nos. CR-85-98; CA-95-213-2 (M.D.N.C. Jan. 22, 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.

AFFIRMED