UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7095
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
CHARLES ANTHONY BENNETT,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. Patrick Michael Duffy, District
Judge. (CR-98-599, CA-00-704-2)
Submitted: September 20, 2001 Decided: September 27, 2001
Before LUTTIG, KING, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Charles Anthony Bennett, Appellant Pro Se. Sean Kittrell, OFFICE
OF THE UNITED STATES ATTORNEY, Charleston, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Charles Anthony Bennett noticed an appeal of the district
court’s denial of his motion filed under 28 U.S.C.A. § 2255 (West
Supp. 2000), in which he raised claims of double jeopardy and
ineffective assistance of counsel relative to his punishment for
violations of 18 U.S.C. § 922(j) and 18 U.S.C. § 922(u). Bennett
also claimed entitlement to credit at sentencing for time served
during pretrial custody. In his informal brief, the sole issue
Bennett raises is the propriety of the district court’s enhancement
of his sentence pursuant to USSG § 2K2.1(b)(5). Because Bennett
failed to raise this claim in the district court, we decline to
consider it for the first time on appeal. Accordingly, we deny a
certificate of appealability and dismiss the appeal. 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
2