UNITED STATES of America, Plaintiff-Appellee, v. Ernest Melvin TUCKER, a/k/a Sonny Tucker, Defendant-Appellant, 39 F. App'x 916

PER CURIAM. Ernest Melvin Tucker 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. See United States v. Tucker, Nos. CR-95-11; CA-00-108-3 (N.D.W.Va. Jan. 28, 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. DISMISSED.