UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-6604

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

ROBERT LEROY NANCE,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of West Virginia, at Huntington. Robert J. Staker, Senior District Judge. (CR-88-222, CA-97-385-3)

Submitted: September 30, 1998 Decided: October 15, 1998

Before ERVIN, LUTTIG, and WILLIAMS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Robert Leroy Nance, Appellant Pro Se. Amy Michelle Lecocq, Michael Lee Keller, 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Unpublished opinions are not binding precedent in this circuit.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:

Robert Leroy Nance appeals the district court’s order denying

his motion filed under

(1994) (current version at

(West 1994 & Supp. 1998)). We have reviewed the

record and the district court’s opinion accepting the recommenda-

tion of the magistrate judge and find no reversible error. Accord-

ingly, we dismiss on the reasoning of the district court. United

States v. Nance, Nos. CR-88-222; CA-97-385-3 (S.D.W. Va. Mar. 26,

1998). See Lindh v. Murphy,

,

(U.S.

June 23, 1997) (No. 96-6298). We accordingly deny a certificate of

appealability and dismiss the appeal. 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