UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-7187

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

KASEEM GEONTI STERLING,

Defendant - Appellant.

Appeal from the United States District Court for the Middle Dis- trict of North Carolina, at Greensboro. Frank W. Bullock, Jr., Chief District Judge. (CR-94-231, CA-97-391)

Submitted: December 17, 1998 Decided: January 6, 1999

Before WILKINS, NIEMEYER, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Kaseem Geonti Sterling, Appellant Pro Se. Michael Francis Joseph, 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Unpublished opinions are not binding precedent in this circuit.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:

Kaseem Geonti Sterling 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 certif-

icate of appealability and dismiss the appeal on the reasoning of

the district court. See United States v. Sterling, Nos. CR-94-231;

CA-97-391 (M.D.N.C. July 7, 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

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