UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 97-6954
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
LEE B. PHILLIPS,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Herbert N. Maletz, Senior Judge, sitting
by designation. (CR-93-331, CA-96-1347-HNM)
Submitted: September 25, 1997 Decided: October 9, 1997
Before LUTTIG, MICHAEL, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Lee B. Phillips, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant seeks to appeal the district court's order denying
his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1997).
To the extent that Appellant raises issues for the first time on
appeal, we decline to address the issues. See Muth v. United
States, 1 F.3d 246, 250 (4th Cir. 1993). Regarding Appellant's
claims of ineffective assistance of counsel and prosecutorial mis-
conduct that were raised in the district court, 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. United
States v. Phillips, Nos. CR-93-331; CA-96-1347-HNM (D. Md. July 1,
1997). 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