[NOT FOR PUBLICATION--NOT TO BE CITED AS PRECEDENT]

United States Court of Appeals For the First Circuit

No. 97-2339

ERIC VIERA-NEGRON,

Plaintiff, Appellant,

v.

UNITED STATES OF AMERICA,

Defendant, Appellee.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

[Hon. Juan M. Perez-Gimenez, U.S. District Judge]

Before

Boudin, Circuit Judge, Coffin, Senior Circuit Judge, and Lynch, Circuit Judge.

Eric Viera-Negron on brief pro se. Guillermo Gil, United States Attorney, Nelson Perez-Sosa, Antonio R. Bazan, Joseph Hoffer, Assistant United States Attorneys, and Jose A. Quiles-Espinosa, Senior Litigation Counsel, on brief for appellee.

June 2, 1998

Per Curiam. We have reviewed the parties' briefs and the record on appeal. We affirm the district court judgment dismissing appellant's motion filed pursuant to 28 U.S.C. 2255, essentially for the reasons stated in the magistrate- judge's report and recommendation, dated March 21, 1997, and the district court's opinion and order, dated September 8, 1997. We add only this. Viera-Negron admitted to carrying the firearm on his person in a shoulder bag. We do not think his claim raises any serious question about accessibility of the weapon. See United States v. Cleveland,

(1st Cir. 1997), cert. granted. We decline to consider the issues that appellant failed to present to the district court in this 2255 motion and raised for the first time on appeal. SeeUnited States v. Haggert,

(1st Cir. 1992). Affirmed. See Loc. R. 27.1.