UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT



                            No. 97-6643



UNITED STATES OF AMERICA,

                                             Plaintiff - Appellee,

          versus


MICHAEL EDWARD MILLS,

                                            Defendant - Appellant.



Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Richmond. Robert E. Payne, District Judge.
(CR-93-132, CA-96-877)


Submitted:   January 27, 1998          Decided:     February 10, 1998


Before NIEMEYER and MOTZ, Circuit Judges, and BUTZNER, Senior
Circuit Judge.


Dismissed by unpublished per curiam opinion.


Michael Edward Mills, Appellant Pro Se. N. George Metcalf, Assis-
tant United States Attorney, Richmond, Virginia, for Appellee.


Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:

     Appellant seeks to appeal the district court's order denying

his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1997).

We have reviewed the record and the district court's opinion and

find no reversible error. Accordingly, we deny a certificate of

appealability and dismiss the appeal substantially on the reasoning
of the district court. United States v. Mills, Nos. CR-93-132; CA-
96-877 (E.D. Va. Apr. 16, 1997). We find Appellant's Fifth Amend-

ment, double jeopardy, and sentencing claims were waived because

Appellant failed to raise these issues on direct appeal, United
States v. Emanuel, 

, 796 (4th Cir. 1989), and failed to

demonstrate cause for and prejudice from his failure to raise the

issues earlier. See United States v. Frady, 

, 167-68

(1982). 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




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