United States of America v. New Jersey, 530 U.S. 466 2000 . As this claim was not presented to the district court

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-8118
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JAMES GORMLEY,
Defendant - Appellant,
and
PAINE WEBBER, INCORPORATED,
Garnishee.
Appeal from the United States District Court for the Southern
District of West Virginia, at Huntington. Robert C. Chambers,
District Judge. (CR-98-152)
Submitted: July 29, 2002 Decided: September 18, 2002
Before WIDENER, NIEMEYER, and MOTZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
James Gormley, Appellant Pro Se. Gary L. Call, Assistant United
States Attorney, Philip Henry Wright, OFFICE OF THE UNITED STATES
ATTORNEY, Charleston, West Virginia, for Appellee.

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* On appeal, Gormley seeks to raise for the first time a claim
under Apprendi v. New Jersey, 530 U.S. 466 (2000). As this claim
was not presented to the district court, and is not relevant to the
garnishment issue, we decline to address it. Gormley may seek to
raise the issue in another context before the district court.
2
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
James Gormley appeals the district court’s order of continuing
garnishment. We have reviewed the record and the district court’s
opinion and find no reversible error. Accordingly, we affirm on
the reasoning of the district court. See United States v. Gormley,
(S.D.W. Va. Nov. 28, 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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