UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-7381

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

TYRONE L. FRIESON,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. John T. Copenhaver, Jr., District Judge. (CR-89-117, CA-97-219-2)

Submitted: January 21, 1999 Decided: February 9, 1999

Before LUTTIG, MOTZ, and KING,* Circuit Judges.

Dismissed by unpublished per curiam opinion.

Tyrone Frieson, Appellant Pro Se. Michael Lee Keller, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for Appellee.

* Judge King did not participate in consideration of this case. The opinion is filed by a quorum of the panel pursuant to

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 Unpublished opinions are not binding precedent in this circuit.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

PER CURIAM:

Tyrone Frieson 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

appealability and dismiss the appeal on the reasoning of the dis-

trict court. See United States v. Frieson, Nos. CR-89-117; CA-97-

219-2 (S.D.W. Va. Sept. 9, 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