United States v. Harrison

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-7447 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus CARL HARRISON, Defendant - Appellant. Appeal from the United States District Court for the Southern Dis- trict of West Virginia, at Charleston. Charles H. Haden II, Chief District Judge. (CR-97-143, CA-00-792) Submitted: January 31, 2002 Decided: February 6, 2002 Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges. Dismissed by unpublished per curiam opinion. Carl Harrison, Appellant Pro Se. Monica Kaminski Schwartz, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Carl Harrison seeks to appeal the district court’s orders (1) denying his motion filed under 28 U.S.C.A. § 2255 (West Supp. 2001); and (2) denying his motion for remission of his fine. We have reviewed the record, the district court’s opinion accepting the recommendation of the magistrate judge, and the district court’s order denying his motion for remission of his fine, and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the dis- trict court. See United States v. Harrison, Nos. CR-97-143; CA-00- 792 (S.D.W. Va Aug. 13 & Sept. 4, 2001).* 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 * To the extent that Harrison raises claims in his informal brief that were not presented to the district court, we note that he cannot raise them for the first time on appeal. See Muth v. United States, 1 F.3d 246, 250 (4th Cir. 1993). 2