UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-7453

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

ANTHONY BRYAN,

Defendant - Appellant.

Appeal from the United States District Court for the Southern Dis- trict of West Virginia, at Beckley. Elizabeth V. Hallanan, Senior District Judge. (CR-96-76, CA-97-1113-5)

Submitted: January 7, 1999 Decided: January 26, 1999

Before WIDENER, MURNAGHAN, and ERVIN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Anthony Bryan, Appellant Pro Se. 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Unpublished opinions are not binding precedent in this circuit.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:

Anthony Bryan seeks to appeal the district court’s order deny-

ing his motion filed under

(West 1994 & Supp.

1998). We have reviewed the record and the district court’s opin-

ion agreeing with the magistrate judge’s report and recommendation

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. Bryan, Nos. CR-96-76; CA-97-

1113-5 (S.D.W. Va. Sept. 23. 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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