UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-7499

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

CHARLES L. PETERSON,

Defendant - Appellant.

Appeal from the United States District Court for the Northern Dis- trict of West Virginia, at Clarksburg. Robert Earl Maxwell, Senior District Judge. (CR-94-111, CA-97-58-2)

Submitted: December 17, 1998 Decided: January 12, 1999

Before WILKINS, NIEMEYER, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Charles L. Peterson, Appellant Pro Se. Lisa Grimes Johnston, OFFICE OF THE UNITED STATES ATTORNEY, Wheeling, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Charles L. Peterson 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 and find no reversible error. Accordingly, we deny a cer-

tificate of appealability and dismiss the appeal on the reasoning

of the district court. See United States v. Peterson, Nos. CR-94-

111; CA-97-58-2 (N.D.W. Va. Sept. 3, 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