United States of America v. United States, 1 F.3d 246, 250 4th Cir. 1993 holding that claims raised for first time

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7708
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ROBERT H. LENDERMAN,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. T.S. Ellis, III, District
Judge. (CR-02-363-A)
Submitted: February 12, 2004 Decided: February 23, 2004
Before LUTTIG, WILLIAMS, and MOTZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Robert H. Lenderman, Appellant Pro Se. Dana James Boente, OFFICE OF
THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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*We decline to address the issues Lenderman raises for the
first time on appeal. See Muth v. United States, 1 F.3d 246, 250
(4th Cir. 1993) (holding that claims raised for first time on
appeal will not be considered absent exceptional circumstances).
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PER CURIAM:
Robert H. Lenderman appeals the district court’s orders
denying his motion to modify his sentence and denying his motion
for reconsideration. Under 18 U.S.C. § 3582(c) (2000), the court
may not modify a term of imprisonment once it has been imposed
except in very narrow circumstances not applicable here. We have
reviewed the record and find no reversible error.* Accordingly, we
affirm on the reasoning of the district court. See United States
v. Lenderman, No. CR-02-363-A (E.D. Va. filed Aug. 29, 2003 &
entered Sept. 2, 2003; filed Oct. 1, 2003 & entered Oct. 2, 2003).
We deny Lenderman’s motion for home confinement. 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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