UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-7990

JAMES STEVEN LESANE,

Petitioner - Appellant,

v.

UNITED STATES OF AMERICA,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, Chief District Judge. (3:08-cv-00247-JRA)

Submitted: January 15, 2009 Decided: January 23, 2009

Before MOTZ and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

James Steven LeSane, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

James Steven LeSane, a federal prisoner, appeals the

district court’s order denying relief on his

(2000) petition. We have reviewed the record and find no

reversible error. Accordingly, we deny LeSane's motion for

transcript at government expense and affirm for the reasons

stated by the district court. * LeSane v. United States, No.

3:08-cv-00247-JRA (E.D. Va. Sept. 5, 2008). 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

* We deny LeSane’s motion to vacate and decline to consider issues he raises for the first time on appeal.

2