UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 01-7588

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

RICHARD DAVID DEGOUT,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, District Judge. (CR-94-8, CA-99-844-7)

Submitted: December 13, 2001 Decided: December 26, 2001

Before NIEMEYER, MOTZ, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Richard David Degout, Appellant Pro Se. Jean Barrett Hudson, OFFICE OF THE UNITED STATES ATTORNEY, Charlottesville, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Richard David Degout seeks to appeal the district court’s

order denying his motion filed under

(West Supp.

2001). 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. Degout, Nos. CR-94-8; CA-99-844-7

(W.D. Va. Aug. 9, 2001). We deny Appellant’s request for appoint-

ment of counsel. 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