UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-6729

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

PHILLIP ANTONIO OWENS,

Defendant - Appellant.

Appeal from the United States District Court for the Middle Dis- trict of North Carolina, at Greensboro. James A. Beaty, Jr., District Judge. (CR-93-50, CA-96-666-2)

Submitted: March 26, 1998 Decided: April 6, 1998

Before WIDENER and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Phillip Antonio Owens, Appellant Pro Se. Sandra Jane Hairston, 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Unpublished opinions are not binding precedent in this circuit.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. Owens, Nos. CR-93-50; CA-96-666-2 (M.D.N.C. May 2, 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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