United States v. Vance ( 1998 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-6421
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
RICKY LEE VANCE,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Samuel G. Wilson, Chief District
Judge. (CR-94-22, CA-97-316-R)
Submitted: July 22, 1998 Decided: August 7, 1998
Before ERVIN, MICHAEL, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Ricky Lee Vance, Appellant Pro Se. Steven Randall Ramseyer, OFFICE
OF THE UNITED STATES ATTORNEY, Abingdon, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Ricky Lee Vance seeks to appeal the district court’s orders
denying his motion filed under 28 U.S.C.A. § 2255 (West 1994 &
Supp. 1998), his motion for reconsideration, and his motion to
amend. We have reviewed the record and the district court’s opin-
ions and find no reversible error. Accordingly, we deny a certif-
icate of appealability and dismiss the appeal on the reasoning of
the district court. United States v. Vance, Nos. CR-94-22; CA-97-
316-R (W.D. Va. Feb. 25, 1998). We decline to consider Vance’s
claims that were raised for the first time on appeal. See Spencer
v. Murray, 5 F.3d 758, 762 (4th Cir. 1993) (finding that petitioner
cannot raise claims for the first time on appeal absent a showing
of cause and prejudice or actual innocence). 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