USCA1 Opinion

      [NOT FOR PUBLICATION--NOT TO BE CITED AS PRECEDENT]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, 106 F.3d 1056 (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, 980 F.2d 8, 10 (1st Cir. 1992).

              Affirmed.  See Loc. R. 27.1.