UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-6428

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

HARRY T. HANLEY,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of West Virginia, at Bluefield. Elizabeth V. Hallanan, Senior District Judge. (CR-91-66, CA-95-1052-1)

Submitted: August 27, 1998 Decided: September 10, 1998

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

Affirmed by unpublished per curiam opinion.

Harry T. Hanley, 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Unpublished opinions are not binding precedent in this circuit.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 orders denying his

motion filed under

(1994) (current version at

(West 1994 & Supp. 1998)) and denying his motion

for reconsideration. 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 affirm on the

reasoning of the district court. United States v. Hanley, Nos. CR-

91-66; CA-95-1052-1 (S.D.W. Va. Mar. 14 & July 18, 1997). See Lindh

v. Murphy,

,

(U.S. June 23, 1997) (No.

96-6298). To the extent that Appellant raises the same claims as he

raised in a prior § 2255 motion, those claims are procedurally

defaulted. 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.

AFFIRMED

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