UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6876
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
TROY L. MCFARLANE,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Richard L. Voorhees,
District Judge. (CR-97-290, CA-00-533-1-3)
Submitted: October 23, 2002 Decided: November 7, 2002
Before WILLIAMS, MOTZ, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Troy L. McFarlane, Appellant Pro Se. Brian Lee Whisler, OFFICE OF
THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Troy McFarlane seeks to appeal the district court’s order
denying his motion filed under 28 U.S.C. § 2255 (2000). We have
reviewed the record and the district court’s opinion and find no
reversible error. Accordingly, we deny a certificate of
appealability and dismiss the appeal on the reasoning of the
district court. See United States v. McFarlane, Nos. CR-97-290;
CA-00-533-1-3 (W.D.N.C. filed Apr. 30, 2002; entered May 2, 2002).*
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
*
Claims raised for the first time on appeal will not be
considered absent exceptional circumstances such as plain error or
a fundamental miscarriage of justice. Muth v. United States, 1 F.3d
246, 250 (4th Cir. 1993). We find no such circumstances present
here.
2