UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-7431

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

ANTHONY AUGUSTAS BENNETT,

Defendant - Appellant.

Appeal from the United States District Court for the Middle Dis- trict of North Carolina, at Winston-Salem. William L. Osteen, Sr., District Judge. (CR-94-189, CA-97-241-6)

Submitted: February 26, 1998 Decided: March 19, 1998

Before WILKINS, NIEMEYER, and HAMILTON, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Thomas Kieran Maher, RUDOLF & MAHER, Chapel Hill, North Carolina; Ronald Edward Schwartz, RONALD E. SCHWARTZ - ATTORNEY-AT-LAW, Cincinnati, Ohio, for Appellant. 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Unpublished opinions are not binding precedent in this circuit.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:

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

accepting the recommendation of the magistrate judge and find no

reversible error. Accordingly, we deny a certificate of appealabil- ity and dismiss the appeal on the reasoning of the district court.

United States v. Bennett, Nos. CR-94-189; CA-97-241-6 (M.D.N.C. Oct. 1, 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

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