UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-7084

MARCUS DARRELL MACK,

Plaintiff - Appellant,

versus

UNITED STATES OF AMERICA; UNITED STATES DEPARTMENT OF JUSTICE; NORMAN K. MOON; BRUCE PAGEL; FRANK HARMAN; DAVID R. BEAN, U.S. PROBATION OFFICER; SNOOK & HAUGHEY, Law Firm; JOHN LLOYD SNOOK,

Defendants - Appellees.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, Senior District Judge. (CA-03-325-7)

Submitted: November 19, 2003 Decided: December 3, 2003

Before WIDENER, MICHAEL, and MOTZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Marcus Darrell Mack, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Marcus Darrell Mack appeals the district court’s order

dismissing his complaint filed pursuant to Bivens v. Six Unknown

Named Agents of the Fed. Bureau of Narcotics,

(1971),

for failure to state a claim upon which relief may be granted

pursuant to 28 U.S.C. § 1915A(b)(1) (2000). We have reviewed the

record and find no reversible error. Accordingly, we affirm for the

reasons stated by the district court. See Mack v. United States,

No. CA-03-325-7 (W.D. Va. May 16, 2003). Additionally, we decline

to consider Mack’s prosecutorial misconduct and sentencing

arguments, both raised for the first time on appeal. See Muth v.

United States,

(4th Cir. 1993). 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.

AFFIRMED

2