UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-6246

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

ANTWAN WELLS,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Florence. William B. Traxler, Jr., District Judge. (CR-94-677, CA-96-2977-4-21BE)

Submitted: September 10, 1998 Decided: September 23, 1998

Before MURNAGHAN, MICHAEL, and MOTZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Antwan Wells, Appellant Pro Se. Alfred William Walker Bethea, As- sistant United States Attorney, Florence, South 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Unpublished opinions are not binding precedent in this circuit.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. Wells, Nos. CR-94-677; CA-96-2977-4-21BE (D.S.C.

Jan. 26, 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

2