United States v. Mills ( 1998 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 97-6643
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
MICHAEL EDWARD MILLS,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Richmond. Robert E. Payne, District Judge.
(CR-93-132, CA-96-877)
Submitted: January 27, 1998 Decided: February 10, 1998
Before NIEMEYER and MOTZ, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Michael Edward Mills, Appellant Pro Se. N. George Metcalf, Assis-
tant United States Attorney, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.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).
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 substantially on the reasoning
of the district court. United States v. Mills, Nos. CR-93-132; CA-
96-877 (E.D. Va. Apr. 16, 1997). We find Appellant's Fifth Amend-
ment, double jeopardy, and sentencing claims were waived because
Appellant failed to raise these issues on direct appeal, United
States v. Emanuel, 869 F.2d 795, 796 (4th Cir. 1989), and failed to
demonstrate cause for and prejudice from his failure to raise the
issues earlier. See United States v. Frady, 456 U.S. 152, 167-68
(1982). 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