UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-7480

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

TRACEY SYLVESTER WHITTED,

Defendant - Appellant.

Appeal from the United States District Court for the Middle Dis- trict of North Carolina, at Durham. William L. Osteen, District Judge. (CR-96-91, CA-99-128-1)

Submitted: March 9, 2000 Decided: March 15, 2000

Before WILKINS, TRAXLER, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Tracey Sylvester Whitted, Appellant Pro Se. Lisa Blue Boggs, As- sistant United States Attorney, Greensboro, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Tracey Sylvester Whitted seeks to appeal the district court’s

order denying 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 ap-

pealability and dismiss the appeal on the reasoning of the district

court. See United States v. Whitted, Nos. CR-96-91; CA-99-128-1

(M.D.N.C. Sept. 24, 1999). 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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