UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-6768

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

CLARENCE BERNARD GRAY,

Defendant - Appellant.

Appeal from the United States District Court for the Middle Dis- trict of North Carolina, at Greensboro. William L. Osteen, Sr., District Judge. (CR-94-241, CA-97-453-2)

Submitted: October 8, 1998 Decided: November 30, 1998

Before WIDENER, NIEMEYER, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Clarence Bernard Gray, Appellant Pro Se. Lisa Blue Boggs, Assistant United States Attorney, Greensboro, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Clarence Bernard Gray 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 ap-

pealability and dismiss the appeal on the reasoning of the district

court. United States v. Gray, No. CR-94-241; CA-97-453-2 (M.D.N.C.

May 8, 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