UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-6648

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus

THEODORE ACKERS, Defendant - Appellant.

Appeal from the United States District Court for the Middle Dis- trict of North Carolina, at Winston-Salem. N. Carlton Tilley, Jr., District Judge. (CR-94-208, CA-96-755-6)

Submitted: August 13, 1998 Decided: September 3, 1998

Before WIDENER and WILKINS, Circuit Judges, and HALL, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Theodore Ackers, Appellant Pro Se. Michael Francis Joseph, Assis- tant 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Unpublished opinions are not binding precedent in this circuit.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 28 U.S.C.A. § 2255 (West 1994 & Supp. 1998).

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. Ackers, Nos. CR-94-208; CA-96-755-6 (M.D.N.C. Apr.

6, 1998). 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