Wallene Antoinette Gaither appeals the district court’s order denying her motion for a new trial pursuant to Fed.R.Crim.P. 33, or, in the alternative, for dismissal of the indictment. 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 affirm on the reasoning of the district court. See United States v. Gaither, No. CR-98-202 (M.D.N.C. Jan. 24, 2002). 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.

AFFIRMED.