UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT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Dismissed by unpublished per curiam opinion.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 28 U.S.C. § 46(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Unpublished opinions are not binding precedent in this circuit.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 28 U.S.C.A. § 2255 (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