UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-7450

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus

KENNETH E. VARNEY, Defendant - Appellant.

Appeal from the United States District Court for the Southern Dis- trict of West Virginia, at Bluefield. David A. Faber, District Judge. (CR-92-176, CA-95-198)

Submitted: January 13, 1998 Decided: January 22, 1998

Before HALL, MURNAGHAN, and HAMILTON, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Kenneth E. Varney, Appellant Pro Se. John Castle Parr, 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Unpublished opinions are not binding precedent in this circuit.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 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. Varney, Nos. CR-92-176; CA-95-198 (S.D.W. Va. Sept. 6, 1996). See Lindh v. Murphy, 521 U.S. ___, 1997 WL 338568 (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