U.S. Court of Appeals for the Fourth Circuit, 2002

United States v. McFarlane

U.S. Court of Appeals for the Fourth Circuit · Decided November 7, 2002 · Williams, Motz, King

50 F. App'x 123

Opinion

PER CURIAM.

Troy McFarlane seeks to appeal the district court’s order denying his motion filed under 28 U.S.C. § 2255 (2000). We have reviewed the record and the district court’s opinion 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. McFarlane, Nos. CR-97-290; CA-00-533-1-3 (W.D.N.C. filed Apr. 30, 2002; entered May 2, 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.

Claims raised for the first time on appeal will not be considered absent exceptional circumstances such as plain error or a fundamental miscarriage of justice. Muth v. United States, 1 F.3d 246, 250 (4th Cir. 1993). We find no such circumstances present here.

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