United States v. Jones ( 1999 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 99-7487
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    versus
    ALPHONZO JONES, JR.,
    Defendant - Appellant.
    Appeal from the United States District Court for the District of
    South Carolina, at Spartanburg. Henry M. Herlong, Jr., District
    Judge. (CR-98-38, CA-99-2090-7-20)
    Submitted:   December 16, 1999         Decided:     December 22, 1999
    Before MURNAGHAN and MOTZ, Circuit Judges, and BUTZNER, Senior Cir-
    cuit Judge.
    Dismissed by unpublished per curiam opinion.
    Alphonzo Jones, Jr., Appellant Pro Se. Harold Watson Gowdy, III,
    OFFICE OF THE UNITED STATES ATTORNEY, Greenville, South Carolina,
    for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Alphonzo Jones, Jr., seeks to appeal the district court’s
    order denying his motion filed under 
    28 U.S.C.A. § 2255
     (West Supp.
    1999).   We have reviewed the record and the district court’s
    opinion and find no reversible error.    Accordingly, we deny a cer-
    tificate of appealability and dismiss the appeal on the reasoning
    of the district court.   See United States v. Jones, Nos. CR-98-38;
    CA-99-2090-7-20 (D.S.C. Aug. 3, 1999).       We note that Jones has
    raised additional claims of ineffective assistance of counsel in
    his informal appellate brief.   Because these claims were not pre-
    sented to the district court for consideration, they are not prop-
    erly before this court for review.      See Muth v. United States, 
    1 F.3d 246
    , 250 (4th Cir. 1993) (holding that issues raised for first
    time on appeal generally will not be considered absent exceptional
    circumstances).   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
    

Document Info

Docket Number: 20-1094

Filed Date: 12/22/1999

Precedential Status: Non-Precedential

Modified Date: 10/30/2014