UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 97-7540
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
WILLIE SWANN,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. J. Frederick Motz, Chief District Judge.
(CR-90-166-JFM, CA-97-1389-JFM)
Submitted: February 26, 1998 Decided: March 19, 1998
Before WILKINS, NIEMEYER, and HAMILTON, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Willie Swann, Appellant Pro Se. Robert Reeves Harding, Assistant
United States Attorney, Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Willie Swann seeks to appeal the district court's order deny-
ing his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp.
1997). We have reviewed the record and the district court's opinion
and find no reversible error. Swann alleges that he was sentenced
in violation of his due process rights but fails to demonstrate
that the sentencing court relied on "misinformation of a constitu-
tional magnitude." See Roberts v. United States, 445 U.S. 552,
556-57 (1980). Therefore, Swann's failure to raise his sentencing
claims on appeal forecloses review under § 2255. See Stone v.
Powell, 428 U.S. 465, 477 n.10 (1976). Accordingly, we deny a cer-
tificate of appealability and dismiss the appeal on the reasoning
of the district court. United States v. Swann, Nos. CR-90-166-JFM,
CA-97-1389-JFM (D. Md. Sept. 30, 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