United States v. Woods ( 1996 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 95-7102
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
MICHAEL WOODS,
Defendant - Appellant.
Appeal from the United States District Court for the Northern Dis-
trict of West Virginia, at Elkins. Frederick P. Stamp, Jr., Chief
District Judge. (CR-93-46, CA-94-170-2)
Submitted: January 18, 1996 Decided: February 1, 1996
Before HAMILTON and LUTTIG, Circuit Judges, and CHAPMAN, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Michael Woods, Appellant Pro Se. Samuel Gerald Nazzaro, Jr.,
Assistant United States Attorney, Wheeling, West Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant appeals from the district court's order denying his
28 U.S.C. § 2255 (1988) motion. We have reviewed the record and the
district court's opinion accepting the recommendation of the
magistrate judge and find no reversible error. With regard to the
alleged sentencing errors, we find that Appellant may not assert
those nonconstitutional errors in a collateral proceeding because
he did not raise them on direct appeal. See Stone v. Powell, 428
U.S. 465, 477 n.10 (1976). Accordingly, we affirm the denial of
relief of Appellant's sentencing claims on that basis. With regard
to Appellant's remaining claims, we affirm on the reasoning of the
district court. United States v. Woods, Nos. CR-93-46; CA-94-170-2
(N.D.W. Va. June 29, 1995). We dispense with oral argument because
the facts and legal contentions are adequately presented in the ma-
terials before the court and argument would not aid the decisional
process.
AFFIRMED
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