UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-7132
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JUSTIN HAWKINS, a/k/a Main,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern Dis-
trict of North Carolina, at Raleigh. Terrence W. Boyle, Chief Dis-
trict Judge. (CR-98-16-BO, CA-99-704-5-BO)
Submitted: December 8, 2000 Decided: January 5, 2001
Before WIDENER, LUTTIG, and MICHAEL, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Justin Hawkins, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
Local Rule 36(c).
PER CURIAM:
Justin Hawkins appeals the district court’s order denying his
motion filed under 28 U.S.C.A. § 2255 (West Supp. 2000). We have
reviewed the record, the district court’s opinion, and Hawkins’
informal appellate brief. Because Hawkins failed to challenge on
appeal the bases for the district court’s denial of his ineffective
assistance of counsel claims, he has not preserved any issue for
our review. 4th Cir. R. 34(b). With regard to the issues Hawkins
raises for the first time on appeal, we generally do not consider
such issues, except under narrow circumstances not present here.*
See Muth v. United States, 1 F.3d 246, 250 (4th Cir. 1993) (holding
that issues raised for first time on appeal generally will not be
considered absent exceptional circumstances of plain error or
fundamental miscarriage of justice).
Accordingly, we deny a certificate of appealability and dis-
miss the appeal on the reasoning of the district court. United
States v. Hawkins, Nos. CR-98-16-BO; CA-99-704-5-BO (E.D.N.C.
July 6, 2000). 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
*
Even if Hawkins’ claim under Apprendi v. New Jersey, 120 S.
Ct. 2348 (2000), were properly before the court, Hawkins was not
sentenced above the statutory maximum for the offense of
conviction. See United States v. Angle, 230 F.3d 113 (4th Cir.
2000), petition for reh’g filed, Oct. 26, 2000 (No. 96-4662).
2