Steven J. Key seeks to appeal the district court’s order denying his motion filed *330 under Fed.RCrim.P. 12(b)(2) and construed by the district court as a 28 U.S.C.A. § 2255 (West Supp. 2001) motion. We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we deny leave to proceed informa pauperis, deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. See United States v. Key, Nos. CR-95-195; CA-01-633-5 (S.D.W.Va. Aug. 3, 2001). 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.