UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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