UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-6064

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

TODD MAURICE HAYES,

Defendant - Appellant.

Appeal from the United States District Court for the Southern Dis- trict of West Virginia, at Huntington. Joseph Robert Goodwin, Dis- trict Judge. (CR-93-12, CA-97-365-3)

Submitted: August 27, 1998 Decided: September 11, 1998

Before NIEMEYER and HAMILTON, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Theodore Roosevelt Dues, Jr., Charleston, West Virginia, for Appel- lant. Rebecca A. Betts, 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Unpublished opinions are not binding precedent in this circuit.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 seeks to appeal the district court’s order denying

his motion filed under

(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. Hayes, Nos. CR-93-12; CA-97-365-3 (S.D.W. Va. Nov.

25, 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

2