UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-6000

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

JULIAN CHRISTOPHER FOWLER,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Florence. Charles E. Simons, Jr., Senior Dis- trict Judge. (CR-94-365, CA-97-823-4-21BE)

Submitted: August 17, 1999 Decided: September 27, 1999

Before ERVIN* and WILKINS, Circuit Judges, and BUTZNER, Senior Cir- cuit Judge.

Dismissed by unpublished per curiam opinion.

Julian Christopher Fowler, Appellant Pro Se. Alfred William Walker Bethea, Assistant United States Attorney, Florence, South Carolina, for Appellee.

* Judge Ervin participated in consideration of this case but died prior to the time the decision was filed. The decision 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 Unpublished opinions are not binding precedent in this circuit.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:

Julian Fowler seeks to appeal the district court’s order deny-

ing his motion filed under

(West Supp. 1999).

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 appeal-

ability and dismiss the appeal on the reasoning of the district

court. See United States v. Fowler, Nos. CR-94-365; CA-97-823-4-

21BE (D.S.C. Dec. 9, 1998). We dispense with oral argument because

the facts and legal contentions are adequately presented in the ma-

terials before the court and argument would not aid the decisional

process.

DISMISSED

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