UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-7233

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

DAVID SWIFT,

Defendant - Appellant.

Appeal from the United States District Court for the Middle Dis- trict of North Carolina, at Greensboro. William L. Osteen, Dis- trict Judge. (CR-89-235, CA-99-551-1-2)

Submitted: December 16, 1999 Decided: December 29, 1999

Before MURNAGHAN and MOTZ, Circuit Judges, and BUTZNER, Senior Cir- cuit Judge.

Dismissed by unpublished per curiam opinion.

David Swift, Appellant Pro Se. Walter C. Holton, Jr., United States Attorney, Greensboro, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

David Swift seeks to appeal the district court’s order denying

his motion filed under

(West Supp. 1999). 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 appealability and

dismiss the appeal on the reasoning of the district court. See

United States v. Swift, Nos. CR-89-235; CA-99-551-1-2 (M.D.N.C.

Aug. 12, 1999). 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

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