UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA, Plaintiff-Appellee,

v. No. 97-6310

ANTHONY D. HAWKS, Defendant-Appellant.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Frederic N. Smalkin, District Judge. (CR-94-206-S, CA-97-61-S)

Submitted: May 19, 1998

Decided: November 16, 1998

Before NIEMEYER, HAMILTON, and MICHAEL, Circuit Judges.

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Dismissed by unpublished per curiam opinion.

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COUNSEL

Anthony D. Hawks, Appellant Pro Se. Jamie M. Bennett, Assistant United States Attorney, Baltimore, Maryland, for Appellee.

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Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

_________________________________________________________________ OPINION

PER CURIAM:

Anthony D. Hawks appeals from the district court's order denying his

(West 1994 & Supp. 1998) motion. Finding no reversible error, we deny a certificate of appealability and dismiss.

Hawks contends on appeal that the district court improperly denied his motion to amend his § 2255 motion. We disagree. Our review of the record discloses that although the court denied this motion, it treated it as a motion under Fed. R. Civ. P. 59 or Fed. R. Civ. P. 60. As such, the court reviewed all claims contained therein and properly found none to survive summary dismissal under Rule 4 of the Rules Governing § 2255 Proceedings. We agree with the district court's conclusion.

Hawks also asserts that his federal trial, following an alleged acquittal of the charges in state court, violated the Double Jeopardy Clause. Hawks did not raise this argument below and therefore may not assert it for the first time on appeal absent plain error or a funda- mental miscarriage of justice. See Muth v. United States,

(4th Cir. 1993). Because successive charges of this type are per- mitted under the dual sovereignty doctrine, Hawks fails to demon- strate either of these prerequisites. See Abbate v. United States,

(1959). Accordingly, we deny a certificate of appealability and dismiss this appeal. We also deny Hawks' motion to proceed in forma pauperis and his motion to amend and supplement his plead- ings. We dispense with oral argument because the facts and legal con- tentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED

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