UNITED STATES of America, Plaintiff-Appellee, v. Benny CORTEZ, a/k/a Rico, Defendant-Appellant, 33 F. App'x 129

PER CURIAM. Benny Cortez seeks to appeal the district court’s order denying his motion filed under 28 U.S.C.A. § 2255 (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 district court. United States v. Cortez, Nos. CR-98-257; CA-01-224-1 (M.D.N.C. Nov. 27, 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.