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No. 95-2008 ___________

Richard W. Miller, * * Appellant, * * Appeal from the United States v. * District Court for the * District of Minnesota. United States of America, * [UNPUBLISHED] * Appellee. * ___________

Submitted: January 18, 1996

Filed: January 24, 1996 ___________

Before McMILLIAN, WOLLMAN, and MURPHY, Circuit Judges. ___________

PER CURIAM.

Richard W. Miller appeals the district court's1 denial of his 28 U.S.C. § 2255 motion. We decline to address the arguments Miller raises for the first time on appeal. See United States v. Dixon, 51 F.3d 1376, 1383 (8th Cir. 1995). We conclude that the district court did not abuse its discretion in deciding that an evidentiary hearing was not warranted. See Engelen v. United States, 68 F.3d 238, 240 (8th Cir. 1995). As to Miller's claims presented to the district court, we conclude that no error of law appears in the district court's order. Accordingly, we affirm. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.

1 The Honorable James M. Rosenbaum, United States District Judge for the District of Minnesota.