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    United States v. Stepp, 4th Cir. (2002)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Brian Stepp's appeal of a district court's denial of his motion under 28 U.S.C.A. § 2255 to vacate, set aside or correct his sentence. The Fourth Circuit reviewed the district court record and found no reversible error in the district court's acceptance of the magistrate judge's recommendation to deny Stepp's motion. The Fourth Circuit also declined to consider an issue Stepp attempted to raise that was not first presented to the district court.

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    United States v. Stepp, 4th Cir. (2002)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Brian Stepp's appeal of a district court's denial of his motion under 28 U.S.C.A. § 2255 to vacate, set aside or correct his sentence. The Fourth Circuit reviewed the district court record and found no reversible error in the district court's acceptance of the magistrate judge's recommendation to deny Stepp's motion. The Fourth Circuit also declined to consider an issue Stepp attempted to raise that was not first presented to the district court.

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    Filed: 2002-06-17 Precedential Status: Non-Precedential Docket: 01-8060

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Brian Stepp's appeal of a district court's denial of his motion under 28 U.S.C.A. § 2255 to vacate, set aside or correct his sentence. The Fourth Circuit reviewed the district court record and found no reversible error in the district court's acceptance of the magistrate judge's recommendation to deny Stepp's motion. The Fourth Circuit also declined to consider an issue Stepp attempted to raise that was not first presented to the district court.

    Copyright:

    Public Domain
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    3 views2 pages

    United States v. Stepp, 4th Cir. (2002)

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    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Brian Stepp's appeal of a district court's denial of his motion under 28 U.S.C.A. § 2255 to vacate, set aside or correct his sentence. The Fourth Circuit reviewed the district court record and found no reversible error in the district court's acceptance of the magistrate judge's recommendation to deny Stepp's motion. The Fourth Circuit also declined to consider an issue Stepp attempted to raise that was not first presented to the district court.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 01-8060

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    BRIAN STEPP,
    Defendant - Appellant.

    Appeal from the United States District Court for the Southern
    District of West Virginia, at Charleston. Charles H. Haden II,
    Chief District Judge. (CR-99-24, CA-00-862-2)

    Submitted:

    May 23, 2002

    Decided:

    June 17, 2002

    Before LUTTIG and MOTZ, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.


    Brian Stepp, Appellant Pro Se. Michael Lee Keller, John Castle
    Parr, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West
    Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Brian Stepp seeks to appeal the district courts order denying
    his motion filed under 28 U.S.C.A. 2255 (West Supp. 2001).

    We

    have reviewed the record and the district courts opinion accepting
    the recommendation of the magistrate judge and find no reversible
    error.*

    Accordingly, we deny a certificate of appealability and

    dismiss the appeal on the reasoning of the district court.

    United

    States v. Stepp, Nos. CR-99-24; CA-00-862-2 (S.D.W. Va. Oct. 3,


    2001).

    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

    Stepp seeks to raise an issue not presented to the district


    court. We will not consider this issue as it is raised for the
    first time on appeal. See Muth v. United States, 1 F.3d 246, 250
    (4th Cir. 1993).
    2

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