UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-6065

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus

KEITH GREGORY 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-97-364-3)

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

Before MURNAGHAN, MICHAEL, and MOTZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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 orders denying his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1997), and declining to reconsider that judgment. See Fed. R. Civ. P. 59(e). 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-97-364-3 (S.D.W. Va. Nov.

3, 1997; Nov. 25, 1997). We dispense with oral argument because the facts and legal contentions are adequately presented in the mate- rials before the court and argument would not aid the decisional process.

DISMISSED