United States of America v. Scott Fitzgerald Miller

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7948
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
SCOTT FITZGERALD MILLER,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Spartanburg. Henry M. Herlong, Jr., District
Judge. (CR-98-875)
Submitted: March 21, 2002 Decided: March 28, 2002
Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Scott Fitzgerald Miller, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Scott Fitzgerald Miller appeals the district court’s denial of
his motion to modify terms of imprisonment. For the first time on
appeal, Miller claims he received ineffective assistance of counsel
because his attorney failed to object to an improper sentence
enhancement. We will not consider this claim because Miller failed
to show that any exceptional circumstances exist. Muth v. United
States, 1 F.3d 246, 250 (4th Cir. 1993). Accordingly, we affirm on
the reasoning of the district court. United States v. Miller, No.
CR-98-875 (D.S.C. Oct. 29, 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.
AFFIRMED

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